Hodges et al v. United States of America

Filing 71

ORDER; 1. The Court APPROVES the settlement of Plaintiffs claims against the United States in this case for the sum of $1,000,000. (See Doc. 64-2 at 2). 2. Cheryl Hodges is authorized to execute a settlement agreement and release that releases the United States from all damages arising out of the claims asserted by Thomas Hodges. Signed by Magistrate Judge John Johnston on 11/18/2021. (TLO)

Case 4:19-cv-00046-BMM Document 71 Filed 11/18/21 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
THOMAS HODGES and CHERYL
HODGES,Individually and as
guardian of Thomas Hodges,

CV 19-46-GF-BMM-JTJ

Plaintiffs,
ORDER
vs.
UNITED STATES OF AMERICA,
ROLLIN BEARSS, M.D., BENEFIS
MEDICAL GROUP,and JOHN DOES
I-III,
Defendants.
Plaintiffs and the United States have reached a settlement in this case. The
terms ofthe settlement are set forth in the Stipulation for Compromise Settlement
and Release filed as Document 64-2. The settlement agreement provides that
Plaintiffs must obtain Court approval ofthe settlement if any Plaintiff is a legally
incompetent adult. (Doc. 64-2 at 4). Plaintiff Thomas Hodges is a legally
incompetent adult. Thomas’s wife Cheryl Hodges has been appointed as Thomas’s
Full Guardian and Conservator. (Doc. 64-1 at 4). The Letters of Full Guardianship
and Conservatorship are attached to the Complaint. (Doc. 1-1). Chief United
States District Judge Brian Morris referred this matter to the undersigned on
November 12, 2021, for approval ofthe settlement. (Doc. 65).

Case 4:19-cv-00046-BMM Document 71 Filed 11/18/21 Page 2 of 2

The Court has knowledge of the claims and defenses asserted in this matter.
The Court has knowledge of Plaintiffs’ settlement agreement with the United States
as the undersigned conducted the settlement conference in this matter on
October 19, 2021. The undersigned also has knowledge of Thomas Hodges’s
medical condition and disabilities as Thomas was present at the settlement
conference. The Court finds that the settlement between Plaintiffs and the United
States is reasonable and in the best interests of Thomas Hodges.
Accordingly, IT IS PIEREBY ORDERED:
I.

The Court APPROVES the settlement of Plaintiffs’ claims against the

United States in this case for the sum of $1,000,000. {See Doc. 64-2 at 2).
2.

Cheryl Hodges is authorized to execute a settlement agreement and

release that releases the United States from all damages arising out of the claims
asserted by Thomas Hodges.
DATED this 18th day of November, 2021.

i'Johnston
United States Magistrate Judge

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