Hernandez v. Sequoyah Council, Inc.

Filing 29

ORDER: Pursuant to Tenn. Code Ann. § 29-34-105, a hearing was held on February 24, 2014. The Court finds the settlement set forth hereinafter to be fair and in the best interest of the minor plaintiff, and approves the same. See order for details. Signed by Magistrate Judge Dennis H Inman on 2/24/2014. (RLC, )

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
GREENEVILLE
N.H., a minor child, by and through his father
JORGE HERNANDEZ, and JORGE
HERNANDEZ, individually
Plaintiffs,
v.
SEQUOYAH COUNCIL, INC., BOY SCOUTS
OF AMERICA,
Defendant.

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Civil Action No. 2:11-cv-00171
JURY REQUESTED

ORDER
Pursuant to Tenn. Code Ann. § 29-34-105, a hearing was held on February 24, 2014. The Court
finds the settlement set forth hereinafter to be fair and in the best interest of the minor plaintiff, and
approves the same.
1.

That remaining parties to this suit are Plaintiff Father, Jorge Hernandez (“Father”) and

Plaintiff minor child, Nikolai Hernandez (“Nikolai”). Both the Father and Nikolai are residents of the
State of Florida. Plaintiffs are allowed to proceed pursuant by video conference or telephonically
because of the distance and substantial expense of requiring the Father and child to travel to Greeneville,
Tennessee.
2.

That the proposed settlement in this matter is for a total of $100,000.00. The total

medical incurred on behalf of Nikolai is $25,195.71. The Father shall receive reimbursement for
Nikolai’s medical expenses plus reimbursement for his travel expenses which he had to incur in order to
attend depositions in Johnson City, Tennessee in the total amount of $9,000.00 plus $7,971.85 for
payment of the medical/healthcare liens and/or subrogation claims.

3.

The Plaintiffs’ counsel shall receive from the recovery the sum of $33,333.33 plus

expenses of $1,816.54.
4.

The balance of the proceeds of $47,878.28 will be held by the Clerk in an interest free

account until Nikolai’s 18th birthday on April 25, 2014, after which time the Clerk may pay the funds to
Nikolai.
SO ORDERED

s/ Dennis H. Inman
UNITED STATES MAGISTRATE JUDGE