Mayfield v. United States America

Filing 24

ORDER entered by Judge Nanette Laughrey granting Joint Motion Regarding Stipulation for Compromise Settlement and Release of Claims (the "Joint Motion") [Doc. # 21], which includes the Stipulation for Compromise and Release of Claims as Exhibit A, in the above captioned matter. The Court adopts Magistrate Judge Whitworth's Report and Recommendation in its entirety. (Kanies, Renea)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
CENTRAL DIVISION
VIRGINIA MAYFIELD, individually and )
as Plaintiff ad Litem,
)
)
Plaintiff,
)
)
v.
)
)
UNITED STATES OF AMERICA,
)
)
Defendant.
)

Case No. 10-4143-CV-C-NKL

ORDER APPROVING SETTLEMENT
On Friday, June 2, 2011, the parties appeared by counsel and presented evidence in
support of the Joint Motion Regarding Stipulation for Compromise Settlement and
Release of Claims (the “Joint Motion”) [Doc. # 21], which includes the Stipulation for
Compromise and Release of Claims as Exhibit A, in the above captioned matter. On June
6, 2011, United States Magistrate Judge Matt J. Whitworth recommended that the Court
enter an Order granting the Joint Motion. See Report and Recommendation [Doc. # 23].
Having conducted an independent review of the record, the Court adopts Magistrate
Judge Whitworth’s Report and Recommendation in its entirety, and specifically finds as
follows:
1.

207 / 081052

The parties’ Joint Motion [Doc. # 21] is hereby approved and granted.

2.

The previously filed Stipulation for Compromise Settlement and Release of

Claims is approved, and said Stipulation for Compromise Settlement and Release of
Claims is incorporated herewith as part of this Order, as if fully set forth herein.
3.

All members of the class of individuals entitled to recover and share in the

proceeds of this wrongful death action, as per Mo. Rev. Stat. § 537.080, were either
present in the Court or had received notice of the hearing.
4.

The Court finds that the distribution of settlement proceeds as provided in

the Stipulation for Compromise Settlement and Release of Claims is equitable, in the best
interests of all members of that class of individuals entitled to recover in this wrongful
death action, and said distribution is ordered and approved as per the Stipulation for
Compromise Settlement and Release of Claims.
5.

All aspects of the settlement, as provided in the Stipulation for Compromise

Settlement and Release of Claims, are found to be in compliance with and valid under
Mo. Rev. Stat. §§ 537.080, 537.095 and 537.150.
IT IS SO ORDERED.
s/ Nanette K. Laughrey
NANETTE K. LAUGHREY
United States District Judge
Dated: June 13, 2011
Jefferson City, Missouri

207 / 081052

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