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  • JOHN DOE I  vs.  THE ANDERSON PRIVATE SCHOOL, et alOTHER PERSONAL INJURY document preview
  • JOHN DOE I  vs.  THE ANDERSON PRIVATE SCHOOL, et alOTHER PERSONAL INJURY document preview
  • JOHN DOE I  vs.  THE ANDERSON PRIVATE SCHOOL, et alOTHER PERSONAL INJURY document preview
  • JOHN DOE I  vs.  THE ANDERSON PRIVATE SCHOOL, et alOTHER PERSONAL INJURY document preview
						
                                

Preview

Cause No, DC-15-07174 John Doe I, Individually and as Next In the District Court Friend of John Doe II, a Minor, Plaintiffs, Dallas County, Texas v. William C. Anderson, LeVonna C. Anderson, and Alexander A. Anderson Defendants. 44th Judicial District Rn on UR on un uA A un Order Approving Settlement of Minor and of Dismissal of the Claims Between the Anderson Defendants and John Doe I and John Doe II with Prejudice On July 19, 2018 came Plaintiff John Doe I, Individually and as Next Friend of minor John Doe II, and came Defendants William C. Anderson, LeVonna C. Anderson, and Alexander A. Anderson by and through their attorneys of record, and came Al Ellis, duly appointed Guardian Ad Litem for minor John Doe II, and announced to the Court that all matters in controversy have been compromised, settled, and resolved between these parties as set in the confidential Compromise, Release, and Settlement Agreement. The parties desire the Court to enter an Order approving the confidential Compromise, Release, and Settlement Agreement involving the claims of Plaintiff John Doe I, individually and as next friend of minor John Doe II against Defendants William C. Anderson, LeVonna C. Anderson, and Alexander A. Anderson, as well as the counterclaims by these Defendants against Plaintiff John Doe [, arising out of and relating to the allegations described in the pleadings on file in this Cause No. DC-15- 07174 pending in this 44th Judicial District Court of Dallas County, Texas. Order Approving Settlement of Minor and of Dismissal with Prejudice Page 1 #1347424The Court, having reviewed the pleadings on file in this cause, having heard evidence of the settlement between the parties hereto, including the division of settlement funds between John Doe | and John Doe II and the method of payment for John Doe II, having heard the duly appointed Guardian Ad Litem express his opinion that the terms of such confidential Compromise, Release, and Settlement Agreement are fair, reasonable, acceptable, and in the best interest of the minor, and having reviewed the confidential Compromise, Release, and Settlement Agreement, and having heard the parties’ request for approval of such settlement by this Court, finds that all of the parties hereto, save the minor John Doe I] whose interests are herein represented by the duly appointed Guardian Ad Litem, have the capacity to enter into this settlement, fully understand the terms of the settlement, believe that it and the division of proceeds of the settlement are in their best interests and in the best interests of those persons that they represent, and the Court finds that the confidential Compromise, Release, and Settlement Agreement and the division of proceeds, evidence of which was offered to the Court at the minor prove-up hearing on July 19, 2018, is just, fair, reasonable, acceptable, in the best interest of minor John Doe II, and should be approved by the Court. The Court also finds that the claims of Plaintiff John Doe I, individually and as next friend of minor John Doe II against Defendants William C. Anderson, LeVonna C. Anderson, and Alexander A. Anderson, as well as the claims of Defendants/Counter- Plaintiffs against Plaintiff, should be dismissed with prejudice. It is therefore ORDERED, ADJUDGED and DECREED that the confidential Compromise, Release, and Settlement Agreement and the division of proceeds between Order Approving Settlement of Minor and of Dismissal with Prejudice Page 2 #1347424John Doe I and John Doe II is just, fair, and reasonable and is in the best interest of minor John Doe II, and the same is hereby APPROVED by the Court with the settlement proceeds set forth in the confidential Compromise, Release, and Settlement Agreement to be paid, apportioned, and funded as per the terms presented to the Court and memorialized in the transcript of this Court's July 19 minor prove-up hearing. It is further ORDERED that the court reporter's transcript of the prove-up hearing will be confidential under the rules of sensitive information pertaining to the minor and which governed the trial, subject to the Confidentiality Agreement and Order previously entered in this proceeding, but such transcript may be provided to the attorneys of record for the Parties and any individuals involved in the payment or receipt of payment as evidence of the approved allocation and method of payment. It is further ORDERED, ADJUDGED, and DECREED that the duly appointed Guardian Ad Litem Al Ellis shall be allowed a fee of $ 8,000.00 to include his expenses, that such fees and expenses are reasonable and necessary, and that pursuant to the agreement of the parties, Defendants and/or their insurers shall pay the entirety of the above sum to Al Ellis, and that the parties shall bear their own remaining costs. Having received from notice from the parties that the amounts and fees set forth in this Order and in the confidential Compromise, Release, and Settlement Agreement have been fully paid and are no longer due and owing, it is furthered ORDERED, ADJUDGED, and DECREED by the Court that all claims of Plaintiff John Doe I, Individually and as Next Friend of minor John Doe 1H, and all claims of minor John Doe II against Defendants William C. Anderson, LeVonna C. Anderson, and Alexander A. Order Approving Settlement of Minor and of Dismissal with Prejudice Page 3 #1347424Anderson are DISMISSED with prejudice. It is further ORDERED, ADJUDGED, and DECREED that all claims by William A. Anderson, LeVonna C. Anderson, and Alexander A. Anderson against John Doe I are DISMISSED with prejudice. It is further ORDERED that this Order does not impact the claims and/or causes of action asserted against Defendants Ripley Entertainment, Inc. and Jim Pattison US.A., Inc. Judge Fresi Jing Order Approving Settlement of Minor and of Dismissal with Prejudice Page 4 #1347424