Novovic et al v. Greyhound Lines, Inc. et al

Filing 173

ORDER DENYING Plaintiffs' request for additional disbursements and an amended settlement apportionment. Signed by Judge Algenon L. Marbley on 4/30/2012. Associated Cases: 2:09-cv-00753-ALM-EPD, 2:10-cv-00357-ALM-EPD (cw)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

SEVDIJA NOVOVIC, Administrator
of the Estate of Rama Novovic, et al.,

Plaintiffs,
v.
GREYHOUND LINES, INC., et al.,

Defendants.

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Case No. 2:09-CV-00753
JUDGE ALGENON L. MARBLEY
Magistrate Judge Elizabeth P. Deavers

ORDER
This matter is before the Court on Plaintiffs’ request for: (1) a factual determination that
there was no conscious pain and suffering experienced by the decedent, and an allocation of the
award entirely to wrongful death damages; and (2) to permit additional disbursements that were
not included upon the original application for disbursements. (Dkt. 172.)
The Court’s March 12, 2012 Order Approving Settlement declined to allocate the net
proceeds of the settlement between recovery for wrongful death and recovery for conscious pain
and suffering. That allocation is to be completed by the surrogate’s court pursuant to Section 54.6(a)(2) of the New York Estates, Powers and Trusts Law. (Dkt. 171.) Plaintiffs’ first request
is DENIED.
Plaintiffs’ counsel secondly requests approval of $8,209.34 in additional disbursements
from the settlement sum. Counsel for Plaintiffs has provided a list of the disbursements, which
have been approved by the Administrators. Unlike their previously-submitted disbursements,
however, this list does not provide the dates of the expenses. More importantly, while counsel
requests only the additional $8,209.34 in disbursements, the proposed amended settlement
apportionment requests more than $8,209.34 in additional disbursements when compared to the

initial disbursements requested and reflected in the Court’s prior Order. The amount of
disbursements in Plaintiffs’ initial apportionment request was $78,263.58. (Dkt. 167, p. 8.)
Here, counsel requests $84,616.04 in base disbursements plus the additional disbursements of
$8,209.34, which makes $92,825.38 in total requested disbursements. (Dkt. 172, at 4). That
leaves $6,352.46 in additional disbursements claimed in this request which have not been
accounted for. Counsel is directed to account for this discrepancy, and provide the dates for the
expenses claimed for any additional disbursements.
Plaintiffs’ request for additional disbursements and an amended settlement apportionment
is DENIED at this time.

IT IS SO ORDERED.

s/Algenon L. Marbley
Algenon L. Marbley
DATED: April 30, 2012

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