Order: In re the minor settlement of Grayson Osborne, a minor, by and through his mother and legal guardian, Melissa Osborne

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                                Filed in District Court
                                                                                   State of Minnesota
                                                                                   October 9, 2023



 STATE OF MINNESOTA                                                         DISTRICT COURT

 COUNTY OF WASECA                                                   THIRD JUDICIAL DISTRICT


 In re the minor settlement of Grayson Osborne, a        Court File No. 81-CV-23-581
 minor, by and through his mother and legal              Judge: Carol M. Hanks
 guardian, Melissa Osborne,                              Case Type: Minor Settlement

                 Petitioner.                               ORDER GRANTING MINOR
                                                           SETTLEMENT PETITION



       The above-entitled matter came on for hearing before the undersigned Judge of the District
Court on October 9, 2023. Appearances were noted on the record.
       Based upon all the files, records, and proceedings herein,
       IT IS HEREBY ORDERED:

       1.      The settlement proposed in Petitioner’s Petition for Approval of Minor Settlement

Proceeds is hereby approved. Petitioner shall execute all appropriate releases and other documents

necessary to effectuate settlement.

       2.      Austin Mutual Insurance Company (“Austin Mutual”), on behalf of Brandon Smith

and Madison Arkadie (collectively the “Dog Owners”), shall issue payment as follows:

            a. $33,416.67 to Pritzker Hageman, P.A.; and

            b. $46,583.33 to Pacific Life and Annuity Services, Inc. (the “Assignee”) to fund

               future periodic payments for Grayson Osborne (Payee), as follows:

                       $2,500.00 guaranteed lump sum payment on March 11, 2033;

                       $2,500.00 guaranteed lump sum payment on March 11, 2034;

                       $2,500.00 guaranteed lump sum payment on March 11, 2035;

                       $2,500.00 guaranteed lump sum payment on March 11, 2036;

                       $2,500.00 guaranteed lump sum payment on March 11, 2037;


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                      $2,500.00 guaranteed lump sum payment on March 11, 2038; and

                      $76,352.15 guaranteed lump sum payment on March 11, 2039.

       3.      Of the sums paid to Pritzker Hageman, P.A., Pritzker Hageman, P.A., will retain

$28,416.67 as payment of its fees and costs, and will pay $5,000.00 to Blue Cross Blue Shield of

Texas (“BCBS”) on behalf of the CenterPoint Energy, Inc. Group Welfare Benefits Plan (the

“CenterPoint Plan”) as satisfaction of the CenterPoint Plan’s reimbursement claim.

       4.      Any payments to be made after the death of Grayson Osborne shall be made to the

Estate of Grayson Osborne or to such person or entity as shall be designated in writing by Grayson

Osborne upon reaching the age of majority.

       5.      The obligation to make the periodic payments described herein will be assigned by

Austin Mutual under the meaning of IRC Sec. 130 to the Assignee and funded by an annuity

contract issued by Pacific Life Insurance Company (the “Annuity Issuer”).

       6.      The amounts paid under this settlement are intended to constitute damages received

on account of personal physical injuries within the meaning of Section 104(a)(2) and Section 130

of the Internal Revenue Code of 1986, as amended.

       7.      The annuity contract shall be deposited with the Court Administrator without

affecting ownership, and the policy shall be returned to the owner of the policy when:

            a. Grayson Osborne reaches majority;    Grayson Osborne was born on March 11, 2015.

            b. The terms of the policy have been fully performed; or

            c. Grayson Osborne dies, whichever comes first.

       8.      Grayson Osborne shall be entitled to the periodic payments only when the payments

become due; shall have no right to the funding source; and cannot designate the owner of the

annuity nor has any right to control or designate the method of investing the funding medium.



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       9.      Austin Mutual will be entitled to receive appropriate receipts, releases, or

satisfaction of judgments pursuant to agreement of the parties.

Dated: October 9, 2023.                      BY THE COURT:

                                             __________________________________
                                             Carol M. Hanks
                                             Judge of District Court




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