Fulton v. United States of America et al
MEMORANDUM AND ORDER (See Full Order for Complete Details) IT IS HEREBY ORDERED that defendant United States of Americas Motion to Enforce Settlement Agreement 56 is granted. IT IS FURTHER ORDERED that defendant United States of America's Motion to Deposit Settlement Proceeds into the Court's Registry 57 is denied. IT IS FURTHER ORDERED that the plaintiffs motion for attorney's fees 58 is denied as moot. Signed by District Judge Catherine D. Perry on 6/20/17. (EAB)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
UNITED STATES OF AMERICA,
Case No. 4:16 CV 731 CDP
MEMORANDUM AND ORDER
For the reasons stated on the record at the hearing held in this matter on
June 19, 2017,
IT IS HEREBY ORDERED that defendant United States of America’s
Motion to Enforce Settlement Agreement  is granted.
IT IS FURTHER ORDERED that defendant United States of America’s
Motion to Deposit Settlement Proceeds into the Court’s Registry  is denied.
IT IS FURTHER ORDERED that no later than June 30, 2017, the
United States of America shall remit to attorney Spencer E. Farris settlement
funds in the amount of $17,000 made payable to Spencer E. Farris and directed
to him at S.E. FARRIS LAW FIRM, 523 North Laclede Station Road, Suite
116, St. Louis, Missouri 63119. The United States’ payment of these funds as
ordered shall satisfy its obligation under its settlement agreement with plaintiff
IT IS FURTHER ORDERED that upon receipt of these settlement
funds, attorney Farris is entitled to retain therefrom attorney’s fees in the amount
of $4250 and expenses in the amount of $896.12, as proven by affidavit.
IT IS FURTHER ORDERED that after retention of attorney’s fees and
expenses as set out above, no later than seven days after his receipt of the
funds from the United States, attorney Farris shall deposit into the Court
registry the amount of settlement funds remaining, that is, $11,853.88. The
Clerk of Court shall deposit these funds in a non-interest-bearing account held in
the Treasury of the United States.
IT IS FURTHER ORDERED that upon depositing the funds into the
registry of the Court, attorney Farris shall provide written notice of this action
and a copy of this Order to all health practitioners, hospitals, clinics, or other
institutions as defined under Mo. Rev. Stat. § 430.225, from whom attorney
Farris has previously received medical liens in relation to this litigation. This
notice shall include the name of the case, the case number, and the location of
the Court. Attorney Farris shall file a copy of this notice in the Court file, along
with his certificate that he has served the medical providers as required by this
IT IS FURTHER ORDERED that no later than thirty days after
receipt of the notice, any of the entities served with notice by attorney Farris
who seeks to assert a lien or claim to any of the proceeds of the settlement in
this case must file, in this action, a claim in interpleader for the funds deposited
in the Court registry. The claims must be supported by appropriate
documentation or evidence. If no claims are made to the funds within the
thirty-day period, the Court will order the funds disbursed to plaintiff.
Any claim in interpleader and supporting documentation must be served
upon plaintiff Janice Fulton – who proceeds in this action pro se – at her
most recent address of record as recorded on the docket sheet in this action.
IT IS FURTHER ORDERED that if plaintiff Janice Fulton objects to
any claim in interpleader, she shall file her objection in writing with the court
within thirty days of receipt of the claim. Any objection must be supported by
documentation or evidence. If plaintiff has no objection to any given claim in
interpleader, she may file a statement to that effect at any time within the thirtyday period.
Upon notice to the Court that: 1) the United States has remitted payment
of $17,000 to attorney Spencer E. Farris; and 2) attorney Farris has deposited the
sum of $11,853.88 into the registry of the Court, the United States shall be
discharged from this action and plaintiff Janice Fulton’s claims against the
United States will be dismissed with prejudice. Upon further notice to the Court
that attorney Farris has served a copy of this Order and the notice required above
upon all respective health practitioners, hospitals, clinics, or other institutions as
defined under Mo. Rev. Stat. § 430.225, attorney Farris shall be excused from
liability of all medical liens served upon him in relation to this litigation.
Counsel are reminded that because plaintiff is appearing pro se, they must
mail any filings to her, as pro se parties do not receive electronic filings.
IT IS FURTHER ORDERED that the plaintiff’s motion for attorney’s
fees  is denied as moot.
CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE
Dated this 20th day of June, 2017.
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