Mills v. Family Healthcare Network, et al.
Filing
44
MODIFIED ORDER ON MINOR'S COMPROMISE signed by District Judge Lawrence J. O'Neill on June 8, 2011. (Lira, I)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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C.A.M., a minor, by and through his Guardian ad
Litem, JACOB C. MILLS,
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Plaintiff,
v.
THE UNITED STATES OF AMERICA;
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Defendants.
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) CASE NO. 1:09-CV-00900-LJO-JLT
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) MODIFIED ORDER ON MINOR’S
) COMPROMISE
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Jacob C. Mills, father and guardian ad litem of minor plaintiff C.A.M. (“C.A.M.”), seeks this
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Court’s approval of a $710,000.00 settlement with defendant United States of America (“Government”).
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At the request of C.A.M.’s counsel, this Court considered the minor’s compromise on an expedited basis
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and without a hearing in that C.A.M.’s counsel indicated that expedited approval would assist to fund
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structured payments for C.A.M. This Court has reviewed the record and determines that the settlement
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serves C.A.M.’s best interests.
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On the basis of good cause, this Court:
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1.
APPROVES the final compromise of C.A.M.’s claims with the payment of $710,000.00 at
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present value by the Government in exchange for dismissal of claims against the Government with
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prejudice;
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2.
ORDERS the Government to use its best efforts to make payment from the Judgment Fund
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of the Department of Treasury as soon as practical with submission of the parties’ written settlement
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agreement and other necessary documents and information;
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3.
ORDERS AND MODIFIES that $410,000.00 of the settlement be used to purchase an
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annuity for C.A.M. in accordance with federal regulations and the parties’ written settlement agreement,
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as interest rates have declined since the passage of the original anticipated purchase date of April 27, 2011
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the annuity payments to be made to C.A.M. are to be modified from that payment schedule set forth in
_________________________________________________________________________________________________________________
MODIFIED ORDER ON MINOR’S COMPROMISE
UNITED STATES DISTRICT COURT
MILLS V. UNITED HEALTHCARE NETWORK
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CASE NO.: 1:09-CV-00900
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paragraph 10 of the Motion for Order Authorizing Compromise of Minor’s Claim and For Attorney’s
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Fees and Costs. The payment schedule from Allstate to C.A.M. is to be as follows:
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Eighteenth Birthday:
March 24, 2024
$40,000.00
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Nineteenth Birthday:
March 24, 2025
$40,000.00
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Twentieth Birthday:
March 24, 2026
$40,000.00
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Twenty-first Birthday:
March 24, 2027
$40,000.00
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Twenty-second Birthday
March 24, 2028
$40,000.00
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Twenty-fifth Birthday
March 24, 2031
$200,000.00
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Thirtieth Birthday
March 24, 2036
$225,000.00
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Fortieth Birthday
March 24, 202041
$520,034.49
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Total Guaranteed Payout:
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4.
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ORDERS C.A.M.’s counsel to pay Medi-Cal $95,000.00 of the remaining $300,000.00
of the settlement to reimburse Medi-Cal for its agreed reduced lien;
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$1,145,034.49
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PERMITS C.A.M.’s counsel to reimburse itself $53,366.49 costs and to pay itself
$151,633.51 fees from the remaining $300,000.00 of the settlement; and
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6.
MODIFIES its January 21, 2011 order to require the parties, no later than June 21,
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2011, to file appropriate papers to dismiss or conclude this action in its entirety, or to show good cause
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why the action has not been dismissed.
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The Court recognized the need to accept verbal representations from Plaintiff’s counsel
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concerning the ever-changing rates of return, and in an attempt to maximize the ultimate pay-outs
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on the minor’s compromise, the Court approved this amended order in the expedited fashion
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described above.
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b9ed48
DEAC_Signature-END:
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DEAC_Signature-END:
_________________________________________________________________________________________________________________
MODIFIED ORDER ON MINOR’S COMPROMISE
UNITED STATES DISTRICT COURT
MILLS V. UNITED HEALTHCARE NETWORK
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CASE NO.: 1:09-CV-00900
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b9ed48bb
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IT IS SO ORDERED.
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Dated:
/s/ Lawrence J. O’Neill
June 8, 2011
UNITED STATES DISTRICT JUDGE
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DEAC_Signature-END:
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_________________________________________________________________________________________________________________
MODIFIED ORDER ON MINOR’S COMPROMISE
UNITED STATES DISTRICT COURT
MILLS V. UNITED HEALTHCARE NETWORK
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CASE NO.: 1:09-CV-00900
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