McCollum, et al. v. Robeson County, et al.

Filing 253

ORDER approving plaintiffs' settlement with defendants Town of Red Springs, Larry Floyd, and Paul Canady, Administrator C.T.A. of the Estate of Luther Haggins; granting 235 Motion to Seal Document 234 PROPOSED SEALED EX PARTE Document; and denying 236 Motion for Reconsideration. Signed by US District Judge Terrence W. Boyle on 12/17/2017. Counsel is reminded to read the order in its entirety for important information. (Stouch, L.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:15-CV-451-BO
RAYMOND TARLTON, as guardian ad litem for )
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HENRY LEE MCCOLLUM, et al.,
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Plaintiffs,
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TOWN OF RED SPRINGS, et al.
Defendants.

ORDER

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The appropriate parties having agreed to the following in open court, the Court hereby
memorializes its rulings from the bench made on December 14, 2017, at Raleigh, North Carolina.
1. J. Duane Gilliam shall remain in this matter as guardian of the estate of Leon Brown.

Raymond Tarlton shall remain in this matter as guardian ad litem for Henry McCollum.
Patrick Megaro, Jaime Halscott, and Scott Brettschneider shall remain as counsel of record
for Leon Brown and Henry McCollum.

2. Plaintiffs having made a sufficient showing of the fairness and reasonableness of their
settlement with defendants Town of Red Springs, Larry Floyd, and Paul Canady,
Administrator C.T.A. of the Estate of Luther Haggins (Town of Red Springs defendants),
the settlement in the amount of$500,001 to Leon Brown and $500,001 to Henry McCollum
is APPROVED. See Local Civil Rule 17.l(b). The Town of Red Springs defendants shall
make such amounts payable to both counsel of record and the guardians for Brown and
McColl um. The terms of the settlement agreement relating to the release and dismissal of
claims as set forth in if 9(a)- (c) of the proposed order approving settlement [DE 175 at 5]

are ADOPTED. The fees for the Court's appointed expert to examine McCollum for
competence, Dr. Corvin, shall be paid by the Town of Red Springs. The Court will take
up the issue of attorneys' fees for

plaintif~s'

counsel arising out of the settlement with the

Town of Red Springs defendants in a separate order after the filing of a motion by counsel.

Additionally, a hearing on the pending dispositive motions shall be held on January 23,
2018, at 2:00 p.m. at the United States Courthouse at 310 New Bern Avenue, Raleigh, North
Carolina. The motion for reconsideration regarding the issue of McCollum's competence [DE
236Jis DENIED. The motion to seal expert reports [DE 235] is GRANTED.

SO ORDERED, this

L]_ day of December, 2017.

T~'11, A~~

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TERRENCE W. BOYLE
UNITED STATES DISTRICT JUDGE

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