Boisvert, Troy et al v. Lennox Hearth Products LLC

Filing 43

ORDER granting 36 petition for appointment and consent to act as guardian ad litem; granting with conditions 37 petition for approval of minor settlement and distribution of proceeds. Signed by District Judge William M. Conley on 3/20/15. (jat)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

TROY BOISVERT and SHANNON BOISVERT,
Individually, and as Parents and Next Friends of
B.B., Minor,
Plaintiffs,

ORDER
No. 14-cv-14-wmc

v.
LENNOX HEALTH PRODUCTS, LLC,
Defendant.

A hearing was held on plaintiffs’ petition for appointment and consent to act as
guardian ad litem (dkt. #36) and petition for approval of minor settlement and
distribution of proceeds pursuant to Wis. Stat. § 807.10 (dkt. #37). Plaintiffs Shannon
and Troy Boisvert appeared personally and by counsel Attorneys Robert Gingras and
Frank Tampley.

Defendant Innovative Hearth Products, LLC appeared by counsel

Attorney Thomas Gonzalez.
For reasons set forth in the March 18, 2015, telephonic conference with plaintiffs’
counsel, at today’s hearing, and in the supplementary materials filed with the court (dkt.
##38, 39), the court issues the following order.

ORDER
IT IS ORDERED that:
1) Plaintiffs’ petition for appointment and consent to act as guardian ad litem
(dkt. #36) is GRANTED. Attorney Robert J. Gingras is appointed as B.B.’s
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guardian ad litem for purposes of settlement under Wis. Stat. §§ 803.01(3)
and 807.10.
2) Plaintiffs’ petition for approval of minor settlement and distribution of
proceeds pursuant to Wis. Stat. § 807.10 (dkt. #37) is GRANTED subject to
the following conditions:
a. The proposed distribution of proceeds is modified as set forth in the
addendum to the settlement agreement.
b. The attorney fee award shall be 33% of the present value of settlement.
c. Any settlement amount that may remain after deduction for the
approved attorney’s fees, litigation expenses, cost of annuity, and
reimbursement to Troy and Shannon Boisvert set forth in the
addendum, and for discharge of the subrogated party’s interest, shall
revert to Troy and Shannon Boisvert as legal guardians and natural
parents of B.B.
3) Guardian Ad Litem Attorney Robert Gingras shall retain in his file a copy of
the confidential settlement agreement and addendum until August 9, 2028.
4) Plaintiffs’ motion to seal documents (dkt. #40) is GRANTED.
5) The clerk of court is directed to close this case subject to reopening for good
cause shown.
Entered this 20th day of March, 2015.
BY THE COURT:
/s/
__________________________________
WILLIAM M. CONLEY
District Judge

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