Peters v. Department of the Army

Filing 70

ORDER granting 68 Plaintiff's Motion to Modify the Court Order of July 18,2016. Signed on 9/15/16 by Chief District Judge Greg Kays. (Strodtman, Tracy)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
SOUTHERN DIVISION
MARCUS PETERS, by and through his
next friend, GWEN PETERS,
Plaintiff,
v.
UNITED STATES OF AMERICA,
Defendant.

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No. 15-03017-CV-S-DGK

ORDER MODIFYING THE TYPE OF ANNUITIES GWEN PETERS MUST
PURCHASE AS PART OF PLAINTIFF’S SETTLEMENT
Having considered Plaintiff’s unopposed Motion to Modify the Court Order of July 18,
2016 (Doc. 68), it is hereby
ORDERED that the motion is granted. The Court previously ordered Gwen Peters to
purchase secondary-market, AAA-rated, structured-settlement annuities to be invested for
Plaintiff’s sole use and benefit until he turns eighteen. Plaintiff advises that there are no AAArated securities.
Therefore, the Court modifies its previous order (Doc. 67) to instead require Gwen Peters
to transfer Plaintiff’s net settlement proceeds into secondary-market, structured-settlement
annuities that are rated A-, A, A+, or A++. If such annuities are not available, Gwen Peters must
open a minor conservatorship estate for the benefit of Plaintiff in accordance with the state of
law of his domicile. See Mo. Rev. Stat. § 507.188.2. Gwen Peters must file proof of compliance
with either of these alternatives once the net settlement proceeds have been distributed. Once
she has done so, Plaintiff must file a dismissal with prejudice of all claims in the case.
/s/ Greg Kays
GREG KAYS, CHIEF JUDGE
UNITED STATES DISTRICT COURT
Date: September 15, 2016

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