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V.S. v. Woot, Inc.

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

July 2, 2019

V.S., a minor, by and through his litigation guardian ad litem, BRUCE T. CLARK, Plaintiff,
v.
WOOT, INC., a Texas corporation, Defendant.

          ORDER APPROVING MINOR SETTLEMENT

          RICARDO S. MARTINEZ CHIEF UNITED STATES DISTRICT JUDGE

         Hon. Ricardo S. Martinez The Motion for Approval of Minor Settlement has come before the Court, and the Court having considered the Motion for Approval of Minor Settlement, the Settlement Guardian ad Litem's Report and Recommendation, the Declaration of Steven D. Robinson in Support of Motion for Approval of Minor Settlement and the exhibits thereto, and the Declaration of Bruce T. Clark Re: SGAL Fees, and the records and files herein, it is hereby ORDERED:

         1. The proposed settlement set forth in the Motion for Approval of Minor Settlement is hereby APPROVED.

         2. Settlement Guardian ad Litem Bruce T. Clark is hereby authorized to execute a release of minor child V.S.'s claims against Defendant Woot, Inc.

         3. The minor child's counsel's costs advanced and attorney fees incurred herein are found to be reasonable and approved as follows: (a) costs advanced in the amount of $21, 107.48; and (b) attorney fees in the amount of $125, 000.

         4. Settlement Guardian ad Litem Bruce T. Clark's fee in the amount of $2, 800 is hereby found to be reasonable and appropriate. Defendant Woot, Inc. (or its insurer) is directed to make payment in that amount to Marler Clark, the Settlement Guardian ad Litem's law firm.

         5. To resolve the right of recovery of the ERISA healthcare plan that made payments for Plaintiff V.S.'s healthcare, the minor child's counsel is authorized to distribute $100, 000 of the settlement proceeds to Premera Blue Cross. The minor child's counsel shall, within sixty (60) days from entry of this Order, file in this matter a declaration confirming payment of the aforementioned ERISA lien.

         6. To facilitate the minor settlement approved by this Order, Defendant Woot, Inc. (and/or its insurer) is authorized and directed to pay the settlement as follows:

A. Cash at time of settlement to equal $251, 107.48 to be paid to the Karr Tuttle Campbell Client Trust Account. NOTE: This is the “up-front” money paid for fees, costs, etc. and does NOT include the money paid to fund the structured settlement.

         The $251, 107.48 to be paid to the Karr Tuttle Campbell Client Trust Account shall be distributed by Karr Tuttle Campbell as follows:

• $125, 000 (25% of the gross settlement funds) shall be paid to Karr Tuttle Campbell as its fee for legal services in this matter.
• $21, 107.48 shall be paid to Karr Tuttle Campbell for costs advanced in the prosecution of V.S.'s claim.
• $100, 000 shall be paid to Premera Blue Cross to resolve the self-funded ERISA healthcare plan's right of reimbursement for health care payments.
• The remaining $5, 000 shall be used to reimburse V.S.'s parents, Om Krishna and Renu Kushwaha, for the costs of a family trip to Southern California to ...

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