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Lundquist v. United States

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


January 25, 2008

JOHN LUNDQUIST, A MINOR; JEAN MARIE LUNDQUIST, A MINOR; ROBERT LUNDQUIST, A MINOR, BY AND THROUGH THEIR GUARDIAN AD LITEM, MARIE LUNDQUIST; AND, MARIE LUNDQUIST, INDIVIDUALLY, PLAINTIFFS,
v.
UNITED STATES OF AMERICA, DEFENDANT.

The opinion of the court was delivered by: Barbara L. Major United States Magistrate Judge

ORDER APPROVING COMPROMISE OF CLAIMS OF MINOR PLAINTIFFS JOHN LUNDQUIST, JEAN MARIE LUNDQUIST, and ROBERT LUNDQUIST, BY AND THROUGH THEIR GUARDIAN AD LITEM, MARIE LUNDQUIST [Doc. Nos. 32 & 32-2]

Good cause shown, the petition of Marie Lundquist, guardian ad litem of minor plaintiffs John Lundquist, Jean Marie Lundquist and Robert Lundquist for approval of the minors' settlement with the United States of America is GRANTED.

The Court finds the total settlement of $200,000, with $150,000 being apportioned to John Lundquist, $5,000 to Robert Lundquist and $5,000 to Jean Marie Lundquist, to be a fair resolution of the case.

The court approves a total attorney fee of $49,127.51 to be charged against both the minors' cases, and the claim of the adult. The court also approves reimbursement of litigation costs of $3,489.96.

Following reduction for attorney fees and costs, the recovery of John Lundquist will be $110,536.89. The recovery Jean Marie Lundquist will be $3,684.56. The recovery of Robert Lundquist will be $3,684.56.

The recovery of John Lundquist shall be paid out under the terms of an annuity through Prudential Insurance Company of America. Said minor shall receive guaranteed annual payments in the amount of $10,000 for twenty (20) years, beginning August 12, 2012 (age 18) and a lump sum payment of $5,482.13 on August 12, 2031.

Certificate of Deposit accounts shall be established at the New Alliance Bank, Coventry Branch, 1372 Main Street, Coventry, Connecticut. The accounts will be set up as follows: one account in the name of Jean Marie Lundquist in the amount of $3,684.56, maturing on November 8, 2009 (age 18) and, one account in the name of Robert Lundquist in the amount of $3,684.56, maturing on July 5, 2013 (age 18). Said accounts shall be funded out of a payment from the United States of America to the trust account of David Thompson, Attorney at Law in the amount of $89,463.11, which includes the monies of said minors, the recovery of Marie Lundquist and attorney fees and costs.

Marie Lundquist is authorized to execute the release and settlement agreement [Doc. No. 32-2] attached to the petition for compromise of minor's claim and this Order expressly approves the terms of that settlement agreement. Plaintiffs' attorneys are authorized to execute a request for dismissal of the entire action after the annuity has been funded and the payment to the attorney trust account has been made.

IT IS SO ORDERED.

20080125

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