GORHAM et al v. AMUSEMENTS OF ROCHESTER, INC. et al, No. 1:2014cv00386 - Document 78 (M.D.N.C. 2015)

Court Description: REDACTED PUBLIC MEMORANDUM OPINION AND ORDER signed by JUDGE CATHERINE C. EAGLES on 05/22/2015; that the pending motions to dismiss, (Docs. 22 , 24 , 29 ), are DENIED as moot, the joint motions to approve the settlements, (Docs. 46 , [4 7]), are GRANTED, and the settlements of J.H.'s and Mr. Gorham's claims are approved pursuant to the following terms: 1. The total amount of each plaintiff's settlement is approved as fair and reasonable. 2. The proposed struct ured settlements are approved. 3. Plaintiffs' counsel shall pay the expenses set forth in the Closing Statements at Doc. 50 and Doc. 50 -1, with the exception of the lien in Doc. 50 listed as being held by The Rawlings Co, from settlemen t proceeds in the amounts requested. 4. Plaintiffs' counsel may continue to hold in trust the amounts requested in the Closing Statements to be used for litigation expenses in connection with J.H.'s and Mr. Gorham's claims against t he remaining defendant, subject to court order and oversight. 5. Plaintiffs' counsel may pay to themselves 10% of the total settlement amount obtained for J.H. as an appropriate attorneys' fee. 6. After payment of the approved ex penses and the approved attorneys' fee, and after withholding the approved amount for payment of future litigation expenses, the remaining amount of J.H.'s settlement shall be paid into the Clerk of Court to be held for J.H. pending his eighteenth birthday, subject to further court orders should the guardian ad litem present an appropriate additional structured settlement. 7. Plaintiffs' counsel may pay to themselves 25% of the total settlement amount obtained for Mr. Gor ham as an appropriate attorneys' fee. 8. After payment of the expenses, satisfaction of the lien as stated herein, and payment of the approved attorneys' fee, and after withholding the approved amount for payment of future litigation expenses, the remaining amount of Mr. Gorham's settlement shall be paid into the Clerk of Court to be held pending submission of a copy of an appropriate bond on file with the Durham County Clerk of Court and further order of the Court. 9. Plai ntiffs' counsel shall prepare revised Closing Statements reflecting these rulings and shall submit them under seal at the time the settlement proceeds are paid into the Clerk's office. 10. These revised Closing Statements will be sealed for the same reasons set forth in the Court's Order sealing the initial Closing Statements. (See Docs. 74 , 75 .) (Garland, Leah)