Garcia v. Cummings et al

Filing 111

ORDER ADOPTING REPORT AND RECOMMENDATION of the magistrate judge 110 , GRANTING petition for approval & apportionment of settlement funds 109 , directing that Dawn Cummings, Indiv & as Admin of Estate of Walter Cummings be shall be permitted to sig n all necessary checks & other docs to complete the settlement, directing that apportionment of settlement proceeds of $275K shall be as set forth in Paras 4a-c (see order for specifics), dismissing action w/out prejudice to rt of either party upon good cause shown to reinstate action w/in 60 days if settlement not consummated, & directing Clrk of Ct to CLOSE case. (See order for complete details.) Signed by Honorable Christopher C. Conner on 04/28/11. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
DAWN CUMMINGS, Individually
and as Administratrix of the Estate
of WALTER CUMMINGS,
Consolidated Plaintiff
v.
DANIEL GARCIA and PRIME, INC.,
Consolidated Defendants

:
:
:
:
:
:
:
:
:
:
:

CIVIL ACTION NO. 1:07-CV-1886
(CONSOLIDATED)
(Judge Conner)

ORDER
AND NOW, this 28th day of April, 2011, upon consideration of the report
(Doc. 110) of the Magistrate Judge recommending that the court enter a sixty (60)
day settlement order due to the settlement reached between the parties, and upon
further consideration of the Petition for Approval and Apportionment of Settlement
Funds (Doc. 109) filed by plaintiff on April 26, 2011, wherein plaintiff states that
defendants have offered $275,000 to settle the above-captioned matter, and plaintiff
has agreed to accept that sum, and the court finding that the terms of the
agreement are reasonable and fair and in the best interests of all parties, it is
hereby ORDERED that:
1.

The Report and Recommendation of the magistrate judge (Doc. 110) is
ADOPTED.

2.

The Petition for Approval and Apportionment of Settlement Funds
(Doc. 109) is GRANTED.

3.

Dawn Cummings, Individually and as Administratrix of the Estate of
Walter Cummings, shall be permitted to sign all necessary checks and
other documentation to complete the settlement.

4.

Apportionment of the settlement proceeds of $275,000 shall be as
follows:
a.

The sum of $151,788.91 shall be paid to the beneficiaries of the
wrongful death claim and survivorship action as follows:
i.

The sum of $91,073.35 shall be paid to the beneficiaries of
the wrongful death claim.

ii.

The sum of $60,715.56 shall be paid to the beneficiaries of
the survivorship action.

b.

The sum of $91,666.66 shall be paid to Powell Law, as attorney’s
fees.

c.

The sum of $31,544.43 shall be paid to Powell Law, as
reimbursement of costs, per the schedule set forth at Docket
Entry No. 109, Exhibit 6.

5.

The action is dismissed without prejudice to the right of either party,
upon good cause shown, to reinstate the action within sixty (60) days if
the settlement is not consummated.

6.

The Clerk of Court is directed to CLOSE the case.

S/ Christopher C. Conner
CHRISTOPHER C. CONNER
United States District Judge