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

Filing 35

ORDER granting Plaintiff's 33 Motion for Approval of Minor Settlement. Signed by Judge Richard A. Jones.(SWT)

The Honorable Richard A. Jones

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

8
9
10
11

AMY VIKLUND, individually and on
behalf of her minor child, T. V.,
Plaintiffs,

12
13
14
15
16
17

No. 2:18-cv-00240-RAJ
PROPOSED ORDER APPROVING
SETTLEMENT

v.
WASHINGTON STATE
DEPARTMENT OF SOCIAL AND
HEALTH SERVICES, LATIA RAY,
KIMBERLY ATCHLEY, DAN
SCHNEIDER, JENNIFER STRUS,
and DEFENDANTS JANE DOES IIX,
Defendants.

18
19
20
21
22

The Court GRANTS Plaintiffs’ Motion for Approval of Minor Settlement on
Behalf of Minor Child, T.V., as follows:
1.

Minor Settlement is approved;

23
24
25
26

The proposed settlement as set forth in the Motion for Approval of

2.

The Guardian Ad Litem or T.V.’s parent, Amy Viklund, is authorized
to execute releases of T.V.’s claim upon payment by Defendants into
plaintiffs’ counsel’s trust account the sum of $94,200.00;

PROPOSED ORDER
NO. 2:18-cv-00240-RAJ – Page 1
1420 Fifth Avenue, Suite 1400
Seattle, W ashington 98101
phone [phone] fax 206.516.388 8

1

3.

The costs and attorney fees incurred herein are found to be reasonable
and approved as follows:

2
3

a. Attorney fees: $12,000.00

4

b. Costs: $4,285.62

5

4.

The Settlement Guardian Ad Litem’s fees and costs in the amount of

6

$3,325.00 are found to be reasonable and are approved, to be paid

7

from the settlement proceeds.

8

5.

Plaintiffs’ attorney is authorized to establish a Self-Settled Individual
Trust Account through the Arc Washington State Developmental

9
10

Disabilities Endowment Trust Fund (the “Trust Fund”) on behalf of

11

Plaintiff T.V.

12

6.

The Trust Fund’s enrollment fee in the amount of $600.00 shall be

13

paid from the settlement funds. The net settlement ($73,989.38) shall

14

be paid to the Trust Fund and held in the individual trust account for

15

Plaintiff T.V.

16

7.

Plaintiffs’ attorney is authorized to assist Plaintiff Amy Viklund in

17

completing the necessary paperwork to establish the individual trust

18

account on behalf of Plaintiff T.V.

19

8.

The Court approves of the deposit of trust funds for the benefit of the

20

Plaintiff to be administered in accordance with the terms of the

21

Developmental Disabilities Endowment Fund Amended and Restated

22

Trust II Agreement dated December 2, 2010. A copy of said

23

Agreement has been previously provided herein as an attachment to

24

the Report of the Settlement Guardian ad Litem filed on September 16,

25

2019.

26

PROPOSED ORDER
NO. 2:18-cv-00240-RAJ – Page 2
1420 Fifth Avenue, Suite 1400
Seattle, W ashington 98101
phone [phone] fax 206.516.388 8

1

9.

The Trust Fund is authorized to charge fees for administration of the

2

individual trust account pursuant to its schedule of fees and is

3

authorized to take payment of fees against the individual trust account.

4

10.

furnish any bond for the performance of the Trustee’s duties.

5
6

The Trustee of the individual trust account shall not be required to

11.

Plaintiffs’ attorney shall file a Receipt of Trustee acknowledging the

7

receipt of the remaining settlement amount of $73,989.38 into an

8

individual trust account through the Arc Washington State

9

Developmental Disabilities Endowment Trust Fund within sixty (60)
days of this Order.

10
11
12

12.

The Settlement Guardian Ad Litem is discharged upon completion of
the requirements stated above.

13
14

Dated this 21st day of October, 2019.

15

A

16
17

The Honorable Richard A. Jones
United States District Judge

18
19
20
21
22
23
24
25
26

PROPOSED ORDER
NO. 2:18-cv-00240-RAJ – Page 3
1420 Fifth Avenue, Suite 1400
Seattle, W ashington 98101
phone [phone] fax 206.516.388 8