Graham v. Dhar et al

Filing 145

MEMORANDUM OPINION AND ORDER directing the parties to either submit something in writing to indicate whether the potential beneficiaries object to the proposed settlement amount or seek a hearing date where the court may make this inquiry. Signed by Senior Judge David A. Faber on 7/18/2023. (cc: counsel of record and unrepresented parties) (arb)

Case 1:18-cv-00274 Document 145 Filed 07/18/23 Page 1 of 2 PageID #: 1246

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
AT BLUEFIELD
JANET GRAHAM, Administratrix of
the Estate of Edna Marie McNeely,
Plaintiff,
v.
SUNIL KUMAR DHAR, M.D.,
et al.,

CIVIL ACTION NO. 1:18-00274

Defendants.
MEMORANDUM OPINION AND ORDER
Pending before the court is a petition to settle the
wrongful death claim against all defendants.

In that petition,

the parties seek court approval of a settlement reached between
plaintiff and defendants.

The petition lists a number of

potential beneficiaries of the decedent.

There is nothing in the

record to indicate whether those beneficiaries consent to the
amount of the proposed settlement, only that they have not yet
reached agreement as to the distribution of any settlement
proceeds.

In order for the court to approve the proposed

settlement, the court wishes to ascertain whether the proposed
beneficiaries have any objection to the settlement amount.

See

Stone v. CSX Transp., Inc., 10 F. Supp. 2d 602, 604 (S.D.W. Va.
1998) (“[A] wrongful death action exists for the benefit of a
decedent’s beneficiaries.
decedent’s estate.”).

It is not a claim that belongs to the

Therefore, the parties are directed to

Case 1:18-cv-00274 Document 145 Filed 07/18/23 Page 2 of 2 PageID #: 1247

either submit something in writing to indicate whether the
potential beneficiaries object to the proposed settlement amount
or seek a hearing date where the court may make this inquiry.
The Clerk is directed to send a copy of this Order to
counsel of record and unrepresented parties.
It is SO ORDERED this 18th day of July, 2023.
ENTER:
David A. Faber
Senior United States District Judge

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