Christoforo v. USA

Filing 122

ORDER APPROVING ANNUAL ACCOUNTING signed by Judge Benjamin H. Settle, re 118 Motion for Order. The deadline for filing the Trustee's next annual accounting is 7/30/2023. That accounting shall cover the period from 5/1/2022 through 4/30/2023.(MW)

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Case 3:04-cv-05462-BHS Document 122 Filed 08/29/22 Page 1 of 4 1 Honorable Benjamin H. Settle Hearing Location: Tacoma 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON TACOMA DIVISION 7 8 9 10 NICHOLAS CHRISTOFORO, an infant, by and through his mother and next friend, Jessica Christoforo, and 11 JESSICA CHRISTOFORO, 12 and 13 14 15 16 JAMES CHRISTOFORO, Plaintiffs, NO: CV 4-5462 BHS ORDER APPROVING ANNUAL ACCOUNTING HEARING DATE: September 23, 2022 Oral Argument Not Requested v. UNITED STATES OF AMERICA, Defendant. 17 THIS MATTER having come on regularly for hearing before The Honorable 18 Benjamin H. Settle on the date shown below upon the Petition of Trustee for the entry of an 19 order approving its annual accounting and fees, filed by Wells Fargo Bank, N.A., Trustee of 20 the Nicholas Christoforo Reversionary Special Needs Trust, u/a dtd March 30, 2006 (“Trust”), 21 the Trustee being represented by Aiken, St. Louis & Siljeg, P.S., and the Court having 22 considered the Petition, the Trustee’s Annual Accounting, and being fully advised in the 23 premises, Now Therefore, the Court Makes the Following: 24 AIKEN, ST. L OUIS & SILJEG, P.S. ORDER APPROVING ANNUAL ACCOUNTING AND FEES - 1 Cause No.: CV 4-5462 BHS (chritr.001; 6885-0) Order Annual Accounting [2021-2022] ATTORNEYS AT LAW 801 SECOND AVENUE SUITE 1200 SEATTLE, WASHINGTON 98104 (206) 624-2650/FAX (206) 623-5764 Case 3:04-cv-05462-BHS Document 122 Filed 08/29/22 Page 2 of 4 I. 1 2 3 4 5 6 7 1.1 the facts necessary to give the Court jurisdiction over this matter. 1.2 2021 through April 30, 2022 are reasonable and necessary and within the terms and purpose of the Trust. 1.3 1.4 1.5 1.6 1.7 Trustee Fees. The fees charged by Wells Fargo Bank, N.A., as Trustee, are Legal Fees and Costs. The fees incurred by Aiken, St. Louis & Siljeg, P.S. as II. 2.1 CONCLUSIONS OF LAW Jurisdiction. The Court has retained jurisdiction over the parties and the subject matter of this trust proceeding. 2.2 21 23 Notice. Notice of the hearing on this matter has been properly provided to the the attorneys for the Trustee are reasonable and necessary for the administration of the Trust. 19 22 The guardian ad litem completed her reasonable and necessary for the administration of the Trust. 18 20 Guardian ad Litem Report. parties entitled to receive such notice. 16 17 It appears to the Court that the investigation and recommends approval of the annual accounting. 14 15 Correctness of Annual Accounting. accounting submitted by the Trustee is correct. 12 13 Acts of Trustee. It appears to the Court that all acts required of the Trustee have been performed and are valid and proper. The expenses incurred for the period May 1, 10 11 Jurisdiction. The facts alleged in the Petition of Trustee for Order Approving Annual Accounting and Fees, and the Trustee’s Annual Accounting are true and include all of 8 9 FINDINGS OF FACT Approval of Accounting. The Court should enter an Order approving the accounting and all acts of the Trustee for the period from May 1, 2021 through April 30, 2022. 24 AIKEN, ST. L OUIS & SILJEG, P.S. ORDER APPROVING ANNUAL ACCOUNTING AND FEES - 2 Cause No.: CV 4-5462 BHS (chritr.001; 6885-0) Order Annual Accounting [2021-2022] ATTORNEYS AT LAW 801 SECOND AVENUE SUITE 1200 SEATTLE, WASHINGTON 98104 (206) 624-2650/FAX (206) 623-5764 Case 3:04-cv-05462-BHS Document 122 Filed 08/29/22 Page 3 of 4 1 2 Based on the foregoing Findings of Fact and Conclusions of Law, the Court makes the following: III. 3 4 5 6 3.1 9 Approval of Accounting of Trustee. The accounting of Wells Fargo Bank, N.A., the Trustee of the Nicholas Christoforo Reversionary Special Needs Trust, u/a dtd March 30, 2006, and all of the Trustee’s accounts, actions, investments, and expenditures set forth in the accounting for the period from May 1, 2021 through April 30, 2022 are approved. 7 8 ORDER 3.2 Approval of Fees of Trustee. The Trustee shall receive reasonable compensation for services pursuant to its published fee schedule, and is authorized to deduct the same, as well as all other expenses and costs of administration, from the funds in its 10 hands. 11 Reversionary Special Needs Trust, u/a dtd March 30, 2006 for the period from May 1, 2021 12 through April 30, 2022 in the total amount of $44,807.49 are approved. The payment of the 13 approved fees and costs from the assets of the Trust shall be and hereby is ratified. 14 The fees of Wells Fargo Bank, N.A., as Trustee of the Nicholas Christoforo 3.3 Approval of Legal Fees. The fees and costs of Aiken, St. Louis & Siljeg, P.S. 15 that were incurred during the period from July 20, 2021 through August 4, 2022 in the total 16 amount of $1,884.55 are approved as reasonable and necessary for the administration of the 17 Trust, and the Trustee is directed to pay its attorneys’ fees and costs from the assets of the 18 Trust as incurred, subject to approval at the next annual accounting. 19 3.4 Approval of Guardian ad Litem Fees and Costs. The fees and costs of the 20 guardian ad litem, Brianna Johnston Hanks, in the amount of $5137.50 for the period from 21 May 1, 2021 through April 30, 2022 are approved as reasonable and necessary and shall be 22 paid from the assets of the Trust. 23 24 AIKEN, ST. L OUIS & SILJEG, P.S. ORDER APPROVING ANNUAL ACCOUNTING AND FEES - 3 Cause No.: CV 4-5462 BHS (chritr.001; 6885-0) Order Annual Accounting [2021-2022] ATTORNEYS AT LAW 801 SECOND AVENUE SUITE 1200 SEATTLE, WASHINGTON 98104 (206) 624-2650/FAX (206) 623-5764 Case 3:04-cv-05462-BHS Document 122 Filed 08/29/22 Page 4 of 4 1 2 3 3.5 Next Reporting Deadline. The deadline for filing the Trustee’s next annual accounting is July 30, 2023. That accounting shall cover the period from May 1, 2022 through April 30, 2023. DATED this 29th day of August, 2022. 4 5 6 7 8 9 10 HONORABLE BENJAMIN H. SETTLE Presented by: AIKEN, ST. LOUIS & SILJEG, P.S. /s/ Richard L. Furman Jr. Richard L. Furman Jr., WSBA No. 31101 Attorneys for Trustee 11 Approved for entry; copy received: 12 UNITED STATES ATTORNEY’S OFFICE 13 14 /s/ Kristin B. Johnson Kristin B. Johnson, WSBA No. 28189 Attorneys for United States of America 15 16 17 18 /s/ Brianna Johnston Hanks Brianna Johnston Hanks, WSBA No. 52782 Guardian ad Litem 19 20 21 22 23 24 AIKEN, ST. L OUIS & SILJEG, P.S. ORDER APPROVING ANNUAL ACCOUNTING AND FEES - 4 Cause No.: CV 4-5462 BHS (chritr.001; 6885-0) Order Annual Accounting [2021-2022] ATTORNEYS AT LAW 801 SECOND AVENUE SUITE 1200 SEATTLE, WASHINGTON 98104 (206) 624-2650/FAX (206) 623-5764

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