Graham v. Dhar et al

Filing 156

MEMORANDUM OPINION AND ORDER On 2/5/2024 and 3/4/2024, the court held hearings on the petition to settle the wrongful death claim against all defendants. At the hearing held on 3/4/2024, the court outlined the proposed distribution and no party o bjected thereto. Accordingly, the court determined that plaintiff's proposed distribution was fair and just and APPROVED it. Counsel for plaintiff should forward a copy of the court's order to potential beneficiaries. Signed by Senior Judge David A. Faber on 3/5/2024. (cc: counsel of record; unrepresented parties) (mk)

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.

CIVIL ACTION NO. 1:18-00274

SUNIL KUMAR DHAR, M.D.,
et al.,
Defendants.
MEMORANDUM OPINION AND ORDER
On February 5, and March 4, 2024 the court held hearings on
the petition to settle the wrongful death claim against all
defendants.

At the hearing on February 5, 2024, the court heard

from the plaintiff who informed the court that all the potential
beneficiaries had consented to the settlement.

Whereupon, by

separate order, the court approved the settlement as requested
by plaintiff.
As for distribution, plaintiff Janet Graham proposed that
the settlement proceeds be distributed evenly between she and
her siblings (Judy Chaffins, John McNeely, Joyce Chaffins, Tommy
McNeely, Jr., and Ricky McNeely) and William Scarberry (the
surviving heir of her sister Debra Scarberry).

Plaintiff also

informed the court that her siblings and Mr. Scarberry consented
to the proposed distribution.

The court concluded that

plaintiff’s proposed distribution was fair and just.

However,

it was brought to the court’s attention that the decedent’s
siblings and/or their representative(s) may not have received
notice of the hearing.

For that reason, the court deferred

final approval of the proposed distribution and set a hearing
for March 4, 2024, at 2:30 p.m., in Bluefield.
Appearing at the hearing on March 4, 2024, were:
plaintiff, her siblings, Mr. Scarberry, decedent’s sister
Margaret Osborne, Ms. Osborne’s children, and Lois Prater and
Phyllis Hurley, the daughters of John Blankenship, decedent’s
brother who is now deceased.

The court outlined the proposed

distribution and no party objected thereto.

Accordingly, the

court determined that plaintiff’s proposed distribution was fair
and just and APPROVED it.
The Clerk is directed to send a copy of this Order to
counsel of record and unrepresented parties.

Counsel for

plaintiff should forward a copy of the court’s order to
potential beneficiaries.
It is SO ORDERED this 5th day of March, 2024.
ENTER:
David A. Faber
Senior United States District Judge

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