Parker v. Clark
- Eric Tostrud
- 0:18-cv-01809
- U.S. District Court · District of Minnesota
- 3
In Parker v. Clark, Judge Tostrud approved a $67,500 settlement and set payment rules for a minor, a ward, and their attorneys.
The order affected the plaintiffs, defendants, D’Shawna Patterson, Renetta Robison, their guardians and attorneys, and the people responsible for depositing and managing the settlement funds.
What happened
In Parker v. Clark, the plaintiffs and defendants asked the court to approve a settlement, including payments involving D’Shawna Patterson, a minor, and Renetta Robison, a ward. The court considered a magistrate judge’s recommendation after no party objected.
The court approved the settlement and the related petitions. Patterson and Robison were each awarded $5,000 from separate $7,500 portions of the settlement, while the attorneys were awarded $2,500 from each portion. The order also required Thomas to deposit Patterson’s money at Wells Fargo Bank and required Coleman to use Robison’s money for Robison’s benefit.
The court found no clear error, accepted the recommendation, granted the settlement motion, and approved the settlement. Judge Eric C. Tostrud signed the order on January 22, 2019.
The detailed version
- Parker v. Clark · No. 0:18-cv-01809
- Eric Tostrud
- Jan. 22, 2019
Background
The court received a January 4, 2019 report and recommendation from United States Magistrate Judge David T. Schultz. No party objected. Under Federal Rule of Civil Procedure 72(b), the district court therefore reviewed the recommendation for clear error.
The recommendation concerned a motion to approve a settlement and petitions seeking approval and distribution of settlement money for D’Shawna Patterson, a minor, and Renetta Robison, a ward and protected person.
Ruling
The court found no clear error and accepted the report and recommendation. It granted the motion for approval of settlement, granted the petitions for approval and distribution of settlement as to Patterson and Robison, and approved the settlement.
The order states that the total settlement proceeds were $67,500. Patterson’s portion was $7,500: Patterson was awarded $5,000, and the petitioner’s attorneys were awarded $2,500. Robison’s portion was also $7,500: Robison was awarded $5,000, and the petitioner’s attorneys were awarded $2,500.
The petitioners and their attorneys were authorized to sign releases, dismissals, and other documents needed to carry out the settlement. Within 14 days of the report and recommendation or receipt of Patterson’s awarded share, whichever was later, Thomas was required to deposit $5,000 into an account in Patterson’s name at Wells Fargo Bank. Thomas also had to provide the bank with Patterson’s Social Security number and a copy of the report and recommendation. Wells Fargo was required to acknowledge the deposit, and the order stated that the money could not be released except to Patterson after she reached age eighteen or on another date established by a Minnesota state court. Thomas was required to file the deposit receipt and a copy of the order with the Hennepin County District Court. Coleman was required to use Robison’s $5,000 portion for Robison’s benefit.
Disposition
Judge Eric C. Tostrud accepted the report and recommendation, granted the settlement motion, granted the petitions, and approved the settlement. The order addressed settlement administration and distribution; it did not decide the underlying claims on their merits.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.