Sillavan et al v. State of Washington, Department of Social and Health Services et al

Filing 49

ORDER re Plaintiff's 47 Motion for Approval of Second Minor Settlement: The Court approves of the purchase of a structured settlement annuity for each minor. Signed by Judge Richard A. Jones.(MW)

THE HONORABLE RICHARD A. JONES

1
2
3
4
5
6

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

7
8
9
10

PATRISHA AND STEVEN SILLAVAN,
individually and on behalf of their minor
children C.S, B.S., and L.S.,

11

Plaintiffs,

12
13
14

NO. 2:17-CV-01126
PROPOSED SECOND ORDER OF THE
COURT ON MINOR SETTLEMENTS
OF C.S. AND L.S.

v.
STATE OF WASHINGTON, DEPARTMENT
OF SOCIAL AND HEALTH SERVICES and
KATHERINE GRAFF,

15
Defendants.

16
17

This matter comes before the Court on Plaintiffs’ Motion for Approval of Second Order
18
Approving Minor Settlements of C.S. and L.S. Dkt. # 47. The Court having been fully apprised
19
of and approved of the overall settlement in this matter, the TRI-CARE lien totals for each
20
minor, and reviewed and approves of the purchase of a structured settlement annuity for each
21
minor as follows:
22
//
23
PROPSOED SECOND ORDER OF THE COURT ON
MINOR SETTLEMENTS OF C.S. AND L.S. - 1 of 5
(NO 2:17-CV-01126)

CONNELLY LAW OFFICES
2301 North 30th Street
Tacoma, WA 98403

[phone] Phone - [phone] Fax

1

//

2

Plaintiff

Judgment

Lien Holder/Amount

Net TOTAL

3

C.S.

$593,845.59

Tri-Care

$453,274.30

$140,571.29

4
L.S.

5

$593,845.59

Tri-Care

$478,190.37

$115,655.22

6
7
8

The amount of $593,845.59 for L.S. and $593,845.59 for C.S. reflects the net allocation

9

for each child after the deduction of attorney’s fees and costs, as set forth in the Court’s order

10

approving minor settlement. The above grid shows the net allocation, the amount of each

11

child’s Tri-Care lien, and the Net total to or for the benefit of each child after payment of the

12

Tri-Care Lien.
Overall net total settlement amount of $453,274.30 shall be used to fund future periodic

13
14

payments for the benefit of C.S. as set forth herein.
Overall net total settlement amount. of $478,190.37 shall be used to fund future periodic

15
16

payments for the benefit of L.S. as set forth herein.
It is therefore the Order of this Court that the State of Washington issue the following

17
18
19
20
21
22

checks:
1. $478,190.37 to MetLife Assignment Company, Inc. for the purchase of a structured
settlement annuity for the benefit of L.S.
2. $453,274.30 to MetLife Assignment Company, Inc. for the purchase of a structured
settlement annuity for the benefit of C.S.

23
PROPSOED SECOND ORDER OF THE COURT ON
MINOR SETTLEMENTS OF C.S. AND L.S. - 2 of 5
(NO 2:17-CV-01126)

CONNELLY LAW OFFICES
2301 North 30th Street
Tacoma, WA 98403

[phone] Phone - [phone] Fax

1
2
3

3. $256,226.51 to Connelly Law Offices in trust for L.S. and C.S., for the payment of the
Tri-Care Liens for both children.
4. By way of this settlement the State of Washington has offered to pay the following sums

4

to or for the benefit of C.S. (Date of Birth: 2006) and L.S. (Date of Birth: 2006).

5

Future periodic payments on the dates and in the amounts indicated below:

6

Payee: C.S.

7

$492,196.25 guaranteed lump sum payable on 2024.

8

Periodic payments and related fees, if any, have a cost of $453,274.30

9

payable to MetLife Assignment Company, Inc.

10

Payee: L.S.

11

$520,178.73 guaranteed lump sum payable on 2024.

12

Periodic payments and related fees, if any, have a cost of $478,190.37

13

payable to MetLife Assignment Company, Inc.

14

The future payment amounts outlined in above are guaranteed based upon

15

a projected annuity purchase date of August 9, 2019. Any delay in funding the

16

annuity may result in a delay of the payment dates or change in payment amounts

17

that shall be recorded in the settlement agreement and release, qualified assignment

18

document and annuity contract without the need of obtaining an amended

19

Petition/Court Order up to 180 days after original purchase date.

20

Any payments to be made after the death of the Payee shall be made to the

21

Estate of Payee. After the age of majority, Payee may submit a change of

22

beneficiary, in writing, to Assignee. No such designation, or any revocation

23

thereof, shall be effective unless it is in writing and delivered to Assignee.
PROPSOED SECOND ORDER OF THE COURT ON
MINOR SETTLEMENTS OF C.S. AND L.S. - 3 of 5
(NO 2:17-CV-01126)

CONNELLY LAW OFFICES
2301 North 30th Street
Tacoma, WA 98403

[phone] Phone - [phone] Fax

1

The designation must be in a form acceptable to Assignee. The designation

2

approved by the Court at this time is the Estate of C.S. and the Estate of L.S.,

3

respectively.

4

The obligation to make periodic payments described above will be

5

assigned to MetLife Assignment Company, Inc. (“Assignee") and funded by an

6

annuity contract issued by Metropolitan Tower Life Insurance Company

7

("Annuity Issuer"), rated A+ (Superior) by A.M. Best Company. All parties shall

8

cooperate fully and execute any and all supplementary documents, including a

9

Settlement Agreement & Release and a Qualified Assignment in compliance with

10

IRC 104 (a)(2) and Section 130 of the Internal Revenue Code of 1986, as amended.

11

Neither the minor nor incapacitated person, nor their estate, nor any

12

subsequent beneficiary or recipient of any payments or any part of any payments

13

under this structured settlement shall have the right to accelerate, commute, or

14

otherwise reduce to present value or to a lump sum any of the payments or any part

15

of the payments due under this structured annuity settlement or this order unless

16

by later motion good cause has been shown to lift or modify these restrictions.

17

No payment under the structured settlement annuity contract or this order

18

shall be transferred as defined in RCW 19.205.010(18), accelerated, deferred,

19

increased or decreased, or anticipated, sold, mortgaged, assigned or encumbered in

20

any manner by the minor or incapacitated person or any other recipient of the

21

payments unless by later motion good cause has been shown to lift or modify these

22

restrictions.

23
PROPSOED SECOND ORDER OF THE COURT ON
MINOR SETTLEMENTS OF C.S. AND L.S. - 4 of 5
(NO 2:17-CV-01126)

CONNELLY LAW OFFICES
2301 North 30th Street
Tacoma, WA 98403

[phone] Phone - [phone] Fax

1

Patrisha and/or Steven Sillavan are the parents and legal guardians who have the

2

authority to sign all Settlement Agreements and Releases on behalf of the minors, L.S. and C.S.

3
4

DATED this 17th day of July 2019.

5

A

6
7

The Honorable Richard A. Jones
United States District Judge

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
PROPSOED SECOND ORDER OF THE COURT ON
MINOR SETTLEMENTS OF C.S. AND L.S. - 5 of 5
(NO 2:17-CV-01126)

CONNELLY LAW OFFICES
2301 North 30th Street
Tacoma, WA 98403

[phone] Phone - [phone] Fax