United States District Court, W.D. Washington, Seattle
VICKY;” “JANE DOE" as next friend for “SKYLAR” and “SAVANNAH, ” minors; “JOHN DOE" as next friend for “SALLY” and “SIERRA, ” minors; "JANE ROE" as next friend for “PIA, ” “”MYA, ” and “AVA, ” minors; “ALICE;” “SARAH;” “MAUREEN;” “CASSEOPIA;” “AMY;” “JESSICA;” “JOHN ROE” as next of friend for “JANE;” “JANE SMITH” as next of friend for “ERIKA” and “TORI;” “JENNY;” and “ANDY, ” Plaintiffs,
James Graham Usherwood, Defendant.
L. HEPBURN, P.S. Carol L. Hepburn, WSBA No. 8732 J. William
Savage, WSBA No. 32148 Of attorneys for Plaintiff
MARSHALL DEFENSE FIRM David S. Marshall, WSBA No. 11716 Of
attorneys for Defendant
STIPULATED MOTION AND ORDER PURSUANT TO LCR 17(c) FOR
FINDING OF INDEPENDENT REPRESENTATION OF MINORS, AND FOR
ORDER OF DISMISSAL
Honorable Robert S. Lasnik United States District Judge
STATEMENT OF RELIEF REQUESTED
now the Plaintiffs, Vicky, Skylar, Savannah, Sally, Sierra,
Pia, Mya, Ava, Alice, Sarah, Maureen, Casseopia, Amy,
Jessica, Jane, Erika, Tori, Jenny, and Andy, move this Court
for an affirmative finding pursuant to LCR 17(c) that the
plaintiff minors herein have independent counsel, and for an
Order of Dismissal.
plaintiffs and defendant have reached a tentative settlement
providing for payment of an equal amount to each of the
plaintiffs herein. Nine of the nineteen plaintiffs herein are
minors. Of those nine, Sierra, Savannah, Skylar, and Sally
have court-appointed conservators in their home state. Their
conservators have authority to approve and have approved the
proposed settlement herein. Minors Pia, Ava, and Mya have
independent counsel, Deborah A. Bianco of Bellevue,
Washington. Minors Jane and Tori have independent counsel
James R. Marsh of White Plains, New York.
parents/next friends of Pia, Ava, Mya, Jane, and Tori believe
the proposed settlement is in the best interests of the
minors. Attorneys Bianco and Marsh are also in agreement that
the proposed settlement is in the best interests of their
the court should make an affirmative finding pursuant to LCR
17(c) that the minors herein are either represented by
independent counsel or have the equivalent of a general
if an affirmative finding of independent representation for
the minors herein is made, an order of dismissal should
entered given the settlement reached by the parties.
EVIDENCE RELIED UPON
relies on the Declaration of Carol L. Hepburn Plaintiffs'
counsel herein; the Declaration of James R. Marsh,
independent counsel for minors Jane and Tori; and the
Declaration of Deborah ...