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Vicky v. Usherwood

United States District Court, W.D. Washington, Seattle

June 20, 2018

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,
v.
James Graham Usherwood, Defendant.

          CAROL L. HEPBURN, P.S. Carol L. Hepburn, WSBA No. 8732 J. William Savage, WSBA No. 32148 Of attorneys for Plaintiff

          THE 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

         ORDER

         I. STATEMENT OF RELIEF REQUESTED

         Coms 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.

         II. FACTS

         The 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.

         The 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 clients.

         III. ISSUES

         Whether 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 guardian appointed.

         Whether, 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.

         IV. EVIDENCE RELIED UPON

         Plaintiff 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 ...


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