Turner et al v. Northern Montana Hospital et al

Filing 213

ORDER ESTABLISHING QUALIFIED SETTLEMENT FUND regarding 212 Motion to Establish QSF. Signed by Judge Brian Morris on 2/14/2020. (MMS)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA, GREAT FALLS DIVISION
AUDREY TURNER, VICKY
BYRD, JENNIFER TANNER,
LINDA LARSEN, PAUL LEE,
BRANDI BRETH, KATE
HOULIHAN, BARB MOSER,
Plaintiffs,

CAUSE NO. CV-17-141-GF-BMM

ORDER ESTABLISHING
QUALIFIED SETTLEMENT FUND

v.
NORTHERN MONTANA
HOSPITAL, a Montana Nonprofit
Corporation, ST. PETER’S
HOSPITAL, a Montana Nonprofit
Corporation, BOZEMAN
DEACONESS HEALTH
SERVICES, a Montana Nonprofit
Corporation, RCHP BILLINGS—
MISSOULA LLC, a Delaware
Limited Liability Company, CMC
MISSOULA INC., a Montana
Nonprofit Corporation, and
BILLINGS CLINIC, a Montana
Nonprofit Corporation,
Defendants.

The Court, having reviewed the submissions of the parties, and finding good cause
to do so, HEREBY ORDERS, ADJUDGES, AND DECREES AS FOLLOWS:
1. The Court approves the establishment of the Petitioner Qualified Settlement
Fund (the “Petitioner QSF”) in connection with the General Release and
Settlement Agreements approved by and filed with this Court (Doc. 207)
2. The Court also approves the Trust Agreement (the “Trust”) that is to govern the
administration and Petitioner QSF attached as Exhibit 1 to Petitioner's
4822-3915-6400v1

APPLICATION FOR ORDER APPROVING THE ESTABLISHMENT OF A
QUALIFIED SETTLEMENT FUND.
3. The Trust is established for the benefit of the Beneficiaries listed in the Trust
and to resolve or satisfy the claims, actions, and lawsuits of such Beneficiaries
against all Releasees identified in the General Release and Settlement Agreements
mentioned in Paragraph 1. The Releasees are identified as the “Transferors” in the
Trust.
4. The terms of the Petitioner QSF shall be carried out immediately.
5. The Petitioner QSF shall be governed by the terms set forth in Exhibit 1 to
Petitioner's APPLICATION FOR ORDER APPROVING THE
ESTABLISHMENT OF A QUALIFIED SETTLEMENT FUND, Internal Revenue
Code Section 468B, and Treasury Regulation Sections 1.468B-1 through 1.468B-5.
DATED this 14th day of February, 2020.

___________________________
U.S. District Court Judge

4822-3915-6400v1