Taylor v. Alcatel-Lucent USA, Inc.

Filing 23

ORDER denying 22 Motion to Approve Allocation of Settlement Funds. It is further ordered that the parties shall file a stipulation of dismissal within fourteen days. If no such stipulation is filed, the Court will dismiss this action on its own motion. Signed by District Judge Martin Reidinger on 3/20/2015. (nv)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:13-cv-00056-MR-DLH

RICHARD ERIC TAYLOR, Individually )
and as Personal Representative of
)
the Estate of DIANNE GRUBB
)
TAYLOR, Deceased,
)
)
Plaintiff,
)
)
vs.
)
)
ALCATEL-LUCENT USA, INC.,
)
)
Defendant.
)
_______________________________ )

ORDER

THIS MATTER is before the Court on the Plaintiff’s Motion to
Approve Allocation of Settlement Funds [Doc. 22].
The Plaintiff moves the Court to enter an Order approving the
allocation of settlement funds in this matter.

[Doc. 22].

The Plaintiff’s

motion is not accompanied by a brief as required by the Local Rules. See
LCvR 7.1(C). On that basis alone, the Plaintiff’s motion should be denied.
Reaching the merits of the Plaintiff’s motion, however, the Court must
deny the motion. The Plaintiff cites no legal authority which allows for the
requested relief.

North Carolina law generally does not require the

approval of settlements where the recipients are competent adults.

Moreover, the allocation of amounts recovered in a wrongful death action is
dictated by statute. See N.C. Gen. Stat. § 28A-18-2.
IT IS, THEREFORE, ORDERED that the Plaintiff’s Motion to Approve
Allocation of Settlement Funds [Doc. 22] is DENIED.
IT IS FURTHER ORDERED that the parties shall file a stipulation of
dismissal of this action within fourteen (14) days. If no such stipulation is
filed, the Court will dismiss this action on its own motion.
IT IS SO ORDERED.
Signed: March 20, 2015

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