Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Yates v. United States

United States District Court, W.D. Michigan, Southern Division

September 11, 2017

SHAQUOI YATES, Plaintiff,
v.
UNITED STATES OF AMERICA, et al., Defendants.

          Hon. Paul L. Maloney, Judge

          REPORT AND RECOMMENDATION

          RAY KENT, UNITED STATES MAGISTRATE JUDGE

         This matter is now before the Court on plaintiff's amended motion to request hearing to approve settlement and distribution of settlement proceeds (ECF No. 57). For the reasons discussed below, the amended motion should be granted in part and denied in part.

         I. Discussion

         This case involves the alleged wrongful death of a child. In her complaint, plaintiff, the personal representative of the decedent, “claims all elements of damages permitted under the Michigan Wrongful Death Act, Michigan statutory law, Federal law, and the common law, whether known now or whether becoming known during the pendency of this case.” Compl. (ECF No. 1, PageID.17). Plaintiff has filed a companion state court case in Berrien County, Michigan. At some point in time, plaintiff reached a settlement with defendants in this case. Consistent with the allegations, plaintiff's amended motion seeks Court approval of the settlement pursuant to Michigan's Wrongful Death Statute, M.C.L. § 600.2922(6)(a). In her amended motion, plaintiff requested approval to settle this case for $75, 000.00, for the apparent purpose of funding the state court litigation:

Plaintiff also requests that this Honorable Court grant this amended motion and set the matter for hearing at which time the parties will request this Court's approval of the settlement as set forth below:
1. Payment of $44, 513.56 to McKeen & Associates, P.C. for reimbursement of costs. (Exhibit #1), LEAVING A BALANCE OF $30, 486.44.
2. Payment of $7, 621.61 to McKeen & Associates, P.C. for 1/4 attorney fee pursuant to the contingency fee agreement. (Exhibit #2).
3. Reservation in trust of $5, 000 for any future costs associated with the continuation of the Berrien Circuit Court (Case no. 15-0238-NH).
4. Payment of $17, 864.83 to the Estate, to be distributed pursuant to the Personal Representative's proposal.

         Amended Motion at PageID.354.

         As an initial matter, the amended motion did not include a personal representative's proposal, identify any interested parties to the proposed distribution, or address the statutory distribution scheme for the proceeds of a settlement as set forth under M.C.L. § 600.2922(6)(d), which provides in pertinent part:

After a hearing by the court, the court shall order payment from the proceeds of the reasonable medical, hospital, funeral, and burial expenses of the decedent for which the estate is liable. The proceeds shall not be applied to the payment of any other charges against the estate of the decedent. The court shall then enter an order distributing the proceeds to those persons designated in subsection (3) [M.C.L. ยง 600.2922(3)] who suffered damages and to the estate of the deceased for compensation for conscious pain and suffering, if any, in the amount as the court ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.