Danaher v. Trinity Universal Insurance Company et al

Filing 66

ORDER re (65 in 9:15-cv-00114-DLC, 30 in 9:16-cv-00088-DLC) Stipulation filed by Susan Danaher. Signed by Judge Dana L. Christensen on 6/16/2017. Associated Cases: 9:15-cv-00114-DLC, 9:16-cv-00088-DLC (NOS)

FILED
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
MISSOULA DIVISION

SUSAN DANAHER,

JUN 16 2017
Clerk, U S District Court
District Of Montana
Missoula

CV 15-114-M-DLC

Plaintiff,

(Consolidated with Case No.
16-88-M-DLC)

vs.
ORDER
TRINITY UNIVERSAL INSURANCE
COMPANY, and KEMPER
PREFERRED, U.S. BANK
NATIONAL ASSOCIATION, a
subsidiary of U.S. BANCORP, a/k/a
U.S. BANK HOME MORTGAGE, and
JOHN DOES I-X,
Defendants.
Pursuant to the Stipulation between Plaintiff and U.S. Bank National filed
herein, and good cause shown;
IT IS ORDERED that:
1.

This Court acknowledges Plaintiff has entered into a final settlement

agreement with Defendants Trinity and Kemper. Plaintiffs claims against US
Bank remain ongoing, however they have been consolidated into Cause No.
CV-16-88-DLC, pending before this Court. Per the terms of the earlier

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Stipulation between Plaintiff and US Bank, the insurer (Trinity/ Kemper) has
issued settlement checks on the subject property directly to Plaintiff and Plaintiffs
attorney's law firm, jointly.
2.

From the settlement funds distributed per the terms of the earlier

Stipulation, Plaintiffs attorney shall deposit $71,438.73 into her firm's IOLTA
Trust Account as a holdback for structural repairs to Plaintiffs residence and pay
contractors directly for structural work on the subject property from this account.
No amounts from said structural payments shall be used for attorneys' fees or
other non-structural expenses.
3.

Plaintiffs attorney shall provide an accounting of any such structural

expenditures on the subject property to US Bank within seven (7) days of the
expenditure.
4.

Plaintiff has no timetable requirement to complete repairs to her

residence. After completion of the repairs to Plaintiffs residence, Plaintiff shall
provide notice of completion to US Bank and request an inspection. Within thirty
(30) days of said notice, US Bank shall conduct an inspection of the residence and,
if appropriate, confirm that the repairs are complete. Any funds remaining in
Plaintiffs attorneys trust account at that time, shall be dispersed to Plaintiff.

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DATED this

\~{.-4,day of June, 2017.

Dana L. Christensen, Chief Judge
United States District Court

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