Traxler v. United States of America

Filing 16

ORDER GRANTING Plaintiff's 13 Motion to Approve Settlement and 15 Consent Motion to Amend the Proposed Order, as specified; FURTHER, the Clerk of Court is DIRECTED to close this case. SO ORDERED. Issued by William M. Skretny, Senior United States District Judge on 5/7/2015. (CLERK TO FOLLOW UP). (CMD)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

DEBRA L. TRAXLER, Individually and as Executrix of
the Estate of GREGG B. TRAXLER,
Plaintiff,

ORDER
vs.

14-CV-681S

UNITED STATES OF AMERICA,
Defendant.

Before this Court are Plaintiff’s Motion for Approval of Settlement (Docket No. 13) and
a Consent Motion to Amend the Proposed Order (Docket No. 15) in this medical negligence
case. Because this action is brought on behalf of an estate, it cannot be settled without leave of
this Court. See Local Rule 41 (a)(2)(A).
This Court has considered Plaintiff’s motions and the papers filed in support thereof and
finds that no hearing is required. This Court further finds that the proposed settlement is in the
best interests of the estate and distributees. In so finding, this Court has considered: (1) the
circumstances giving rise to the claim; (2) the nature and extent of the damages; (3) the terms of
the settlement and amount of attorney’s fees and other disbursements; (4) the circumstances of
any other claims or settlement arising out of this same occurrence; and (5) the Plaintiff’s
statement of why she believes this settlement is appropriate. See Local Rule 41(a)(2)(i)-(iv).
Plaintiff’s motions will therefore be granted and this settlement approved.

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ORDERED, that Plaintiff’s Motion to Approve Settlement (Docket No. 13) and the
Consent Motion to Amend the Proposed Order (Docket No. 15) are GRANTED; and it is further,
ORDERED, that all claims on behalf of the Estate of Gregg B. Traxler as against the
defendant herein, be settled for the sum of one hundred forty thousand ($140,000.00) dollars;
and it is further
ORDERED, that the sum of $1,606.47 is approved as reimbursement of disbursements
advanced by Brown Chiari LLP; and it is further
ORDERED, that attorney’s fees for Brown Chiari LLP are approved in the sum of
$34,598.39; and it is further
ORDERED, that Debra L. Traxler, as Executrix of the Estate of Gregg B. Traxler and
her attorneys are hereby authorized and empowered to sign/execute all documents (including but
not limited to settlement drafts, settlement agreements and releases, general releases and a
stipulation of discontinuance) necessary to effectuate this settlement and release the defendant,
its successors and assigns, agents, servants and employees, as well as their attorneys and
insurers; and it is further
ORDERED, that Debra L. Traxler, as Executrix of the Estate of Gregg B. Traxler is
directed to apply to the Surrogate of Orleans County, State of New York, for an Order of
Distribution of the net proceeds of the settlement, pursuant to Section 5-4.4 of New York’s
Estate, Powers and Trusts Law; and it is further

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ORDERED, that the Clerk of Court is directed to CLOSE this case.

May 7, 2015
Buffalo, NY

s/William M. Skretny
WILLIAM M. SKRETNY
Senior United States District Judge