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)

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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 -1- 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. -2- DATED this \~{.-4,day of June, 2017. Dana L. Christensen, Chief Judge United States District Court -3-

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