Woodman v. LaFond et al
| John C. Woodman |
| Richard LaFond and Papineau Int. S.E.C. |
| 1:2008cv00284 |
| March 12, 2008 |
| US District Court for the Northern District of New York |
| Motor Vehicle Office |
| Schenectady |
| David R. Homer |
| David N. Hurd |
| Plaintiff |
| Diversity |
| 28:1332 Diversity-Torts to Land |
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Filing
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DECISION & ORDER: that in accordance w/the letters testamentary previously issued by the Schoharie County Surrogate's Court, the pltf, as Administrator of the decedent's estate, is permitted to compromise & settle all claims against the def ts arising out of the death of Margaret E. Woodman a/k/a Margaret Ellen Woodman for the sum of $625,000.00 as hereinafter provided; The filing of a bond or other security by the pltf, as Administrator of the decedent's estate, is dispensed with; The pltf, Individually and as Administrator of the decedent's estate, is authorized to compromise & settle w/defts the claims for the wrongful death & conscious pain & suffering by the decedent in the sum of $625,000.00; Pltf, individ ually & as Administrator of the decedent's estate, is authorized to enter into General Release releasing the defts & the defts' officers, servants agents and/or employees, together w/any other papers or stipulations required to settle & dis continue this action; Upon receipt of release documents defts shall pay the sum of $625,000.00 in full settlement of the claims herein; within 10 days in the following manner (a) A check or money order in the sum of $412,558.95 payable to "John C. Woodman as Administrator of the Estate of Margaret E. Woodman a/k/a Margaret Ellen Woodman" and deposited in the Estate escrow account & allocated & distributed in accordance w/the determination of the NYS Surrogate's Court; (b ) A check or money order in the sum of $212,441.05 payable to "John C. Woodman as Administrator of the Estate of Margaret E. Woodman a/k/a Margaret Ellen Woodman and Martin, Harding and Mazzotti LLP" in full payment of attorneys' fees ($206,279.48) and expenses ($6,161.57); Upon making payments as aforesaid, the defts are discharged from any & all further liability as to all matters & things embraced in this wrongful death settlement proceeding & as determined by th is Order & all claims by the pltf, individually & as Administrator of the decedent's estate & its beneficiaries are ended, & defts are released from any liability. The Clerk is directed to enter judgment dismissing the complaint on the basis of the above settlement. Jurisdiction is retained for the limited purpose of enforcing the above settlement. Jurisdiction is retained for the limited purpose of enforcing the above settlement, if necessary.Signed by Judge David N. Hurd on 2/23/2009. (see)
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