Dahl v Mason County et al

Filing 161

ORDER on STIPULATION re 160 Stipulated MOTION to Approve Settlement and Dismiss; this matter is DISMISSED with prejudice and without further costs or attorneys' fees; signed by Judge Ronald B. Leighton. (DN)

1

Hon. Ronald B. Leighton

2
3
4
5
6

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

7
8
9

KEITH DAHL, in his Personal Capacity and as
Personal Representative of the Estate of
BRANDON DAHL, deceased,

10

v.

12

MASON COUNTY, et al.,

13

STIPULATED MOTION AND
ORDER TO APPROVE
SETTLEMENT AND DISMISS
CASE

Plaintiff,

11

NO. 3:16-cv-05719-RBL

Defendants.

14

I.

INTRODUCTION

15

Plaintiff, KEITH DAHL, in his personal capacity and as personal representative of the

16

Estate of Brandon Dahl; Defendants MASON COUNTY, a political subdivision of the State of

17

Washington; GARY HAUGEN, as Personal Representative for the Estate of TOM HAUGEN,

18

deceased; CASEY SALISBURY; ANGELA LANGSTON; JOSEPH OTT; BRAD MCQUADE;

19

and MATT GRAY (collectively “County Defendants”); and Defendant HEALTH CARE

20

DELIVERY SYSTEMS, INC. (“HDS”) (collectively the “Parties”), by and through their counsel

21

of record, respectfully request the Court approve a settlement agreement reached between the

22

Parties and dismiss this case with prejudice and without further costs or attorneys’ fees on the terms

23

set forth in the Settlement Guardian ad Litem Report (“GAL Report”).

24
25

STIPULATED MOTION AND ORDER TO APPROVE
SETTLEMENT AND DISMISS - 1

Galanda Broadman PLLC
8606 35th Avenue NE, Ste. L1
Mailing: P.O. Box 15146
Seattle, WA 98115
[phone]

1

II.

RELIEF REQUESTED

2

The Parties respectfully request that the Court issue an order approving the settlement

3

agreement reached between the Parties and dismiss this case with prejudice and without further

4

costs or attorneys’ fees on the terms set forth in the Settlement GAL Report.

5

III.

EVIDENCE RELIED UPON

6

This Stipulated Motion to Approve Settlement and Dismiss (“Motion”) is based upon the

7

Settlement GAL Report on file with this Court, which, in turn, is based on: (1) a Release and Hold

8

Harmless Agreement between Mr. Dahl, in his Personal Capacity and as Personal Representative

9

of the Estate of Brandon Dahl, and the County Defendants; (2) a Settlement Agreement and Release

10

between Mr. Dahl, as Personal Representative of the Estate of Brandon Dahl, and HDS; and (3) a

11

Mediation Settlement Agreement between the Parties (collectively “Settlement Agreements”).

12

IV.

STATEMENT OF FACTS

13

On August 16, 2016, Plaintiff filed a complaint against Defendants alleging negligence and

14

violations of 42 U.S.C. § 1983. The Parties have since negotiated a global settlement of all claims

15

against all Defendants. The terms of the global settlement are provided in the Settlement GAL

16

Report.

17

On May 25, 2017, the Court appointed Michael B. Smith, to serve as Guardian ad Litem

18

(“GAL”) for BD, a minor. Mr. Smith participated in mediation, reviewed each of the Settlement

19

Agreements, and prepared a Settlement GAL Report, which he filed with the Court under seal on

20

October 9, 2018 (Dkt. 159). The Settlement GAL Report recommends that this Court approve the

21

terms of the Settlement Agreements, finding the Parties’ settlement a fair and reasonable

22

compromise.

23
24
25

V.

AUTHORITY & ARGUMENT

The Parties respectfully request that the Court approve the settlement and dismiss this case
STIPULATED MOTION AND ORDER TO APPROVE
SETTLEMENT AND DISMISS - 2

Galanda Broadman PLLC
8606 35th Avenue NE, Ste. L1
Mailing: P.O. Box 15146
Seattle, WA 98115
[phone]

1

with prejudice and without further costs or attorneys’ fees on the terms set forth in the Settlement

2

GAL Report.

3

The Court’s approval of the settlement is appropriate because the settlement terms

4

negotiated between the Parties are “fundamentally fair, adequate, and reasonable.” United States

5

v. Oregon, 913 F.2d 576, 580 (9th Cir. 1990). Here, the Parties agree that the Settlement

6

Agreements are fair, adequate, and reasonable. Further, the GAL has approved the settlement and

7

specifically found that it is a fair and reasonable compromise. Accordingly, the Court’s approval

8

of the settlement, and related dismissal of this case, is appropriate.

9

VI.

CONCLUSION

10

For the reasons set forth above, the Parties respectfully request that the Court approve the

11

settlement reached between the Parties and dismiss this case with prejudice and without further

12

costs or attorneys’ fees on the terms set forth in the Settlement GAL Report.

13

DATED this 11th day of October 2018.

14

WILLIAMS, KASTNER

15

s/Heidi Mandt
Heidi Mandt, WSBA #26880
1515 SW Fifth Avenue, Suite 600
Portland, Oregon 97201
Attorney for Defendants Healthcare Delivery
Systems
Phone: [phone]
Email: [e-mail]

16
17
18
19

GALANDA BROADMAN
20
s/ Gabriel S. Galanda
Ryan Dreveskracht, WSBA No. 42593
Gabriel S. Galanda, WSBA No. 30331
Attorneys for Plaintiff
P.O. Box 15146
Seattle, WA 98115
Tel: [phone]
Email: [e-mail]
[e-mail]

21
22
23
24
25

STIPULATED MOTION AND ORDER TO APPROVE
SETTLEMENT AND DISMISS - 3

Galanda Broadman PLLC
8606 35th Avenue NE, Ste. L1
Mailing: P.O. Box 15146
Seattle, WA 98115
[phone]

1
2
LAW LYMAN DANIEL KAMERRER &
BOGDANOVICH PS

3
4

/Guy Bogdanovich
Guy Bogdanovich, WSBA No. 14777
Attorney for Mason County Defendants
P.O. Box 11880, Olympia, WA 98508-1880
Telephone: [phone]
Email: [e-mail]

5
6
7
8
9
10
11

ORDER
Having considered the Motion, Settlement GAL Report, and other materials, the Court

12

hereby approves the settlement on the terms set forth in the Settlement GAL Report and dismisses

13

this case with prejudice and without further costs or attorneys’ fees.

14

IT IS SO ORDERED.

15

Dated this 12th day of October, 2018 .

16
17
18

A

19

Ronald B. Leighton
United States District Judge

20
21
22
23
24
25

STIPULATED MOTION AND ORDER TO APPROVE
SETTLEMENT AND DISMISS - 4

Galanda Broadman PLLC
8606 35th Avenue NE, Ste. L1
Mailing: P.O. Box 15146
Seattle, WA 98115
[phone]