Deboer v. Jefferson Pilot Financial Insurance Company

Full title: JANIEL J. DEBOER, JEFF R. JOHNSON and J.R.J., a minor, by and through his…

Court: United States District Court, D. Utah

Date published: Aug 23, 2005

Case No. 2:04 CV 00777 PGC (D. Utah Aug. 23, 2005)

Opinion

Case No. 2:04 CV 00777 PGC.

August 23, 2005

John L. Young, YOUNG, ADAMS HOFFMAN, LLP, Salt Lake City, Utah, Attorneys for Plaintiffs.

ORDER APPOINTING JANIEL J. DeBOER AS SPECIAL CONSERVATOR ON BEHALF OF J.R.J.

PAUL CASSELL, District Judge

The Court, having granted the Plaintiffs' Petition for Approval of Settlement on Behalf of J.R.J., a minor, having considered the Petition to Appoint the Plaintiff, Janiel J. DeBoer, as Special Conservator on behalf of the Plaintiff, J.R.J., a minor, pursuant to Utah Code Ann. § 75-5-409(3), and being fully advised in the premises, does hereby

ORDER, ADJUDGE AND DECREE that:

1. The Plaintiff, Janiel J. DeBoer, is hereby appointed as the Special Conservator on behalf of J.R.J. pursuant to Utah Code Ann. § 75-5-409(3) for the purposes of this settlement, which is a single transaction as contemplated by Utah Code Ann. § 75-5-409(1).

2. The proceeds of the settlement on behalf of J.R.J. shall be deposited forthwith into a federally insured account in the name of Janiel J. DeBoer, Special Conservator on behalf of J.R.J. None of the settlement funds, or the earnings thereon, shall be withdrawn from such account without written authorization of this Court being first obtained. The Special Conservator shall file proof of deposit of the settlement funds and Acknowledgement of Receipt of a copy of this Order by the federally insured depository institution with this Court not later than September 15, 2005.

3. The Special Conservator hereby appointed shall act as a fiduciary for and on behalf of J.R.J. with respect to the settlement funds and shall observe the standards of care as set forth in Utah Code Ann. § 75-7-902.

4. At least annually, commencing one year from the date of this Order, the Special Conservator shall submit a report with a full accounting to the Court, setting forth the statement of the value of the assets at the beginning and at the end of the reporting year, together with a statement of income earned during the year.

5. Upon J.R.J.'s attaining the age of eighteen years of age, the Special Conservator shall submit to the Court a final report containing the information set forth in paragraph 4 above, together with the Petition for Termination of the Special Conservator and Release of the assets to J.R.J.

6. The Special Conservator shall serve without bond.