Opinion
NO. C06-05320-RBL.
July 27, 2007
Presented by: RUSH, HANNULA, HARKINS KYLER, L.L.P., By: Daniel R. Kyler, WSBA# 12905, Attorney for Plaintiffs, Tacoma, WA.
Approved as to Form, Notice of Presentment waived: By: Diana V. Blakney, Diana V. Blakney, WSBA #17629, MICHAEL B. TIERNEY, P.C., Attorneys for Defendants, Mercer Island, WA.
ORDER APPROVING MINOR SETTLEMENT
THIS MATTER having come on regularly before the undersigned Judge of the above-entitled Court upon the motion of plaintiffs for an order approving the settlement involving the minor herein, and the Court having considered the files and records contained herein, including the Report of the Settlement Guardian ad Litem James R. Cushing, filed with the Court under seal, and the Court being fully advised in the premises, now, therefore, it is
ORDERED, ADJUDGED AND DECREED that the proposed settlement of the plaintiffs' claims be and the same hereby is approved; it is further
ORDERED, ADJUDGED AND DECREED that the net sum to the minor herein in the amount of Twenty-Thousand and no/100ths ($20,000.00) Dollars shall be paid to or for the benefit of the minor with future periodic payments on the dates and in the amounts indicated hereafter:
Payee: T.M.L.K. (a minor) On 10/6/2013, a lump sum of $12,000 On 10/6/2014, a lump sum of $15,040 Any payments to be made after the death of the Payee shall be made to the Estate of Payee. After the age of majority, Payee may submit a change of beneficiary, in writing, to Assignee. No such designation, or any revocation thereof, shall be effective unless it is in writing and delivered to Assignee. The designation must be in a form acceptable to Assignee. The designation approved by the Court at this time is the Estate of T.M.L.K., a minor.The obligation to make periodic payments described herein will be assigned to Prudential Assigned Settlement Services Corporation ("Assignee") and funded by an annuity contract issued by The Prudential Insurance Company of America ("Annuity Issuer"), rated A+ (Superior) by A.M. Best Company. All parties shall cooperate fully and execute any and all supplementary documents, including a Qualified Assignment in compliance with IRC 104(a)(2) and Section 130 of the Internal Revenue Code of 1986, as amended; it is further
ORDERED, ADJUDGED AND DECREED that the parents of the minor, Gordon and Jamie Kenny be and they hereby are authorized individually and/or jointly to execute any necessary settlement documents on behalf of the minor; it is further
ORDERED, ADJUDGED AND DECREED that the guardian ad litem fee of $1,400.00 shall be paid 50% by the Tenino School District and/or its insurer and 50% by counsel representing plaintiffs; and it is further
ORDERED, ADJUDGED AND DECREED that the settlement guardian ad litem herein, James Cushing, be and he hereby is discharged as settlement guardian ad litem for the minor herein; it is further
ORDERED, ADJUDGED AND DECREED that the parties hereto shall cause to be filed with the Court upon the completion of the settlement approved herein, a Stipulation and Order of Dismissal, with prejudice of all claims.