Henault, et al v. American Foam Co., et al

Filing 1169

ERRATA SHEET RE: REPORT AND RECOMMENDATIONS re: SEVEN DEFENDANTS' MOTIONS TO APPROVE SETTLEMENTS (2000 in 1:04-cv-00312-L-DLM) MOTION for Settlement "Good Faith" filed by Luna Tech, Inc, (1135 in 1:03-cv-00483-L-DLM) MOTION for Settlement "GOOD FAITH" filed by Luna Tech, Inc, (1143 in 1:03-cv-00483-L-DLM) MOTION to Amend/Correct Luna Tech's Motion to Approve "Good Faith" Settlement filed by Luna Tech, Inc. So Ordered by Magistrate Judge David L. Martin on 9/3/09. (Saucier, Martha)

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF RHODE ISLAND ALBERT L. GRAY, Administrator, et al., Plaintiffs, vs. JEFFREY DERDERIAN, et al., Defendants. : : : : : : :

CA 04-312L

ESTATE OF JUDE B. HENAULT, et al., Plaintiffs, vs. AMERICAN FOAM CORPORATION, et al., Defendants.

: : : : : : :

CA 03-483L

ERRATA SHEET RE REPORT AND RECOMMENDATION RE SEVEN DEFENDANTS' MOTIONS TO APPROVE SETTLEMENTS David L. Martin, United States Magistrate Judge On August 14, 2009, the Court issued a Report and Recommendation recommending granting seven additional motions to approve settlements which individual Defendants had reached with all Plaintiffs in all cases arising out of the Station Nightclub Fire. See Report and Recommendation Re Seven Defendants' Motions

to Approve Settlements (Gray Doc. #2028)(Henault Doc. #1163) ("8/14/09 Report and Recommendation Re Defendants' Motions"). The Henault document number for Luna Tech, Inc.'s Motion to

Approve "Good Faith" Settlement in Accordance with Rhode Island General Laws §§ 10-6-7 and 10-6-8 (Gray Doc. #2000)(Henault Doc. #1135) ("LTI's Motion") was inadvertently left out of the 8/14/09 Report and Recommendation Re Defendants' Motions. n.3. See id. at 2 &

Accordingly, subparagraph 2 on page 2 of the 8/14/09 Report

and Recommendation Re Defendants' Motions is hereby amended to read: 2. Luna Tech, Inc.'s Motion to Approve "Good Faith" Settlement in Accordance with Rhode Island General Laws §§ 10-6-7 and 10-6-8 (Gray Doc. #2000)(Henault Doc. #1135) ("LTI's Motion")[.] Additionally, footnote 3 to subparagraph 2 is also amended to read as follows: Luna Tech, Inc., filed a corrected motion in the Henault case. See Luna Tech, Inc.'s Corrected Motion to Approve "Good Faith" Settlement in Accordance with Rhode Island General Laws §§ 10-6-7 and 10-6-8 (Henault Doc. #1143) ("LTI's Corrected Motion"). The Court treats the original motion (Henault Doc. #1135) and LTI's Corrected Motion as one motion. The only substantive difference between the two motions is that in the memorandum and affidavit filed in support of LTI's Corrected Motion the date referenced for filing the Notice of Settlement "has been changed to reflect the accurate date of June 2, 2009[,] for the filing of that document in [the Henault] case." LTI's Corrected Motion at 1 n.1; see also Corrected Memorandum of Law in Support of Luna Tech, Inc.'s Motion to Approve "Good Faith" Settlement in Accordance with Rhode Island General Laws §§ 10-6-7 and 10-6-8 ("LTI's Corrected Mem.") at 1 n.1. The changes are indicated in bold face type. Finally, the Court's recommendation regarding Luna Tech, Inc.'s Corrected Motion to Approve "Good Faith" Settlement in
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Accordance with Rhode Island General Laws §§ 10-6-7 and 10-6-8 (Henault Doc. #1143) ("LTI's Corrected Motion"), filed in the Henault case only, was not docketed due to clerical error, although LTI's Corrected Motion was addressed in the 8/14/09 Report and Recommendation Re Defendants' Motions. See 8/14/09 The

Report and Recommendation Re Defendants' Motions at 2 n.3. Court's recommendation regarding LTI's Corrected Motion will accordingly be docketed.

/s/ David L. Martin DAVID L. MARTIN United States Magistrate Judge September 3, 2009

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