[PROPOSED] DISMISSAL WITH PREJUDICE PURSUANT TO SETTLEMENT AGREEMENT
[Stipulation filed concurrently] Complaint Filed: December 20, 2007 Judge: Hon. Margaret Morrow
Pursuant to the Stipulated Request for Dismissal and attached Settlement Agreement, submitted by all parties on March 6, 2009, and good cause appearing therefore,
IT IS HEREBY ORDERED that the above-entitled action, including all claims and cross-claims and the Preliminary Injunction issued on May 22, 2008, be and hereby is dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(2).
IT IS FURTHER ORDERED that the monetary relief provided for in the Settlement Agreement shall be disbursed as soon as possible, and in no event later than April 30, 2009 for the payments to individual plaintiffs, CANGRESS, and plaintiffs' counsel.
IT IS FURTHER ORDERED that, based on the Court's findings that:
(1) plaintiffs Woods, McCorkendale, Caldwell, and Merritt each has a disability that substantially impairs his or her ability to provide for his or her own care and constitutes a substantial handicap; (2) plaintiffs Woods, McCorkendale, Caldwell, and Merritt each is likely to have special needs that will not be met without a special needs trust; and (3) the money to be paid to the trusts under the Settlement Agreement does not exceed the amount that appears reasonably necessary to meet the special needs of each of these four plaintiffs, defendants shall separately provide plaintiffs' counsel the requested portions of these plaintiffs' individual recoveries under the Settlement Agreement so that they may be deposited into special needs trusts.
IT IS FURTHER ORDERED that the Court shall retain jurisdiction over this matter for the purpose of enforcing the Settlement Agreement and assisting in carrying out any procedures as necessary under the Settlement Agreement.
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