Christoforo v. USA

Filing 124

AMENDED 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)

Case 3:04-cv-05462-BHS Document 124 Filed 10/11/22 Page 1 of 4

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Honorable Benjamin H. Settle

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
TACOMA DIVISION

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NICHOLAS CHRISTOFORO, an infant, by
and through his mother and next friend,
Jessica Christoforo,
and

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JESSICA CHRISTOFORO,

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and

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NO: CV 4-5462 BHS
AMENDED ORDER APPROVING
ANNUAL ACCOUNTING

JAMES CHRISTOFORO,
Plaintiffs,

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v.
UNITED STATES OF AMERICA,
Defendant.
THIS AMENDED ORDER REPLACES the Court’s prior Order, Dkt. 122, and
corrects the amounts and Dates in Paragraph 3.4. The Prior Order is VACATED.

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THIS MATTER having come on regularly for hearing before The Honorable

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Benjamin H. Settle on the date shown below upon the Petition of Trustee for the entry of an

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order approving its annual accounting and fees, filed by Wells Fargo Bank, N.A., Trustee of

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the Nicholas Christoforo Reversionary Special Needs Trust, u/a dtd March 30, 2006 (“Trust”),

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the Trustee being represented by Aiken, St. Louis & Siljeg, P.S., and the Court having

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AMENDED ORDER APPROVING ANNUAL ACCOUNTING AND FEES - 1

Case 3:04-cv-05462-BHS Document 124 Filed 10/11/22 Page 2 of 4

considered the Petition, the Trustee’s Annual Accounting, and being fully advised in the
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premises, Now Therefore, the Court Makes the Following:
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I.
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1.1

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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
the facts necessary to give the Court jurisdiction over this matter.
1.2

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,
2021 through April 30, 2022 are reasonable and necessary and within the terms and purpose
of the Trust.
1.3

Correctness of Annual Accounting.

It appears to the Court that the

accounting submitted by the Trustee is correct.
1.4

Guardian ad Litem Report.

The guardian ad litem completed her

investigation and recommends approval of the annual accounting.
1.5

Notice. Notice of the hearing on this matter has been properly provided to the

parties entitled to receive such notice.
1.6

Trustee Fees. The fees charged by Wells Fargo Bank, N.A., as Trustee, are

reasonable and necessary for the administration of the Trust.
1.7

Legal Fees and Costs. The fees incurred by Aiken, St. Louis & Siljeg, P.S. as

the attorneys for the Trustee are reasonable and necessary for the administration of the Trust.
II.

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FINDINGS OF FACT

2.1

CONCLUSIONS OF LAW

Jurisdiction. The Court has retained jurisdiction over the parties and the

subject matter of this trust proceeding.

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AMENDED ORDER APPROVING ANNUAL ACCOUNTING AND FEES - 2

Case 3:04-cv-05462-BHS Document 124 Filed 10/11/22 Page 3 of 4

2.2

Approval of Accounting. The Court should enter an Order approving the

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accounting and all acts of the Trustee for the period from May 1, 2021 through April 30,
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2022.
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Based on the foregoing Findings of Fact and Conclusions of Law, the Court makes the
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following:

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III.

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3.1

ORDER

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

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March 30, 2006, and all of the Trustee’s accounts, actions, investments, and expenditures set

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forth in the accounting for the period from May 1, 2021 through April 30, 2022 are approved.

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3.2

Approval of Fees of Trustee.

The Trustee shall receive reasonable

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compensation for services pursuant to its published fee schedule, and is authorized to deduct

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the same, as well as all other expenses and costs of administration, from the funds in its

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hands.

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Reversionary Special Needs Trust, u/a dtd March 30, 2006 for the period from May 1, 2021

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through April 30, 2022 in the total amount of $44,807.49 are approved. The payment of the

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approved fees and costs from the assets of the Trust shall be and hereby is ratified.

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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.

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that were incurred during the period from July 20, 2021 through August 4, 2022 in the total

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amount of $1,884.55 are approved as reasonable and necessary for the administration of the

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Trust, and the Trustee is directed to pay its attorneys’ fees and costs from the assets of the

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Trust as incurred, subject to approval at the next annual accounting.

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3.4

Approval of Guardian ad Litem Fees and Costs. The fees and costs of the

guardian ad litem, Brianna Johnston Hanks, in the amount of $1,115.50 for the period from

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Case 3:04-cv-05462-BHS Document 124 Filed 10/11/22 Page 4 of 4

August 10, 2022 through September 8, 2022 are approved as reasonable and necessary and
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shall be paid from the assets of the Trust.
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3.5

Next Reporting Deadline. The deadline for filing the Trustee’s next annual

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accounting is July 30, 2023. That accounting shall cover the period from May 1, 2022
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through April 30, 2023.
DATED this 11th day of October, 2022.

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BENJAMIN H. SETTLE
United States District Judge

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AMENDED ORDER APPROVING ANNUAL ACCOUNTING AND FEES - 4