Opinion
Civil No. 3-99CV1654-P
February 19, 2002
AGREED FINAL JUDGMENT
Came on to be heard the above-entitled and numbered cause, and appeared Plaintiffs Nicholas Hernandez and Juana Olalde, Individually and on behalf of the Estate of Eric Hernandez, Deceased minor, in person and by their attorneys, and appeared Defendants Jerome Claud and Sue Claud by their attorney and having waived a jury, announced to the court that they compromised and settled all matters in controversy between them and that they desired to submit all matters of fact and things in controversy to the court for judgment.
After considering the pleadings, evidence, arguments of counsel, the court is of the opinion and finds as follows:
1. There are contested issues regarding both the liability of Defendants in this case, and the extent of damages to which the Plaintiffs may be entitled;
2. The Plaintiffs and Defendants herein have agreed to compromise and settle the above-entitled action for the consideration set forth in a certain Full and Final Release, Settlement and Indemnity Agreement ("Settlement Agreement") executed by Plaintiffs Nicholas Hernandez and Juana Olalde, Individually and on behalf of the Estate of Eric Hernandez, Deceased minor, a true, correct and complete copy of which has been presented to and reviewed by the court, and that such Settlement Agreement is a compromise settlement agreement and is not an admission of liability on the part of Defendants or any of the persons, firms, organizations or corporations mentioned or described in the Settlement Agreement;
3. Plaintiffs are fully informed with respect to the facts of liability, the nature of the causes of action asserted and the nature and extent of the damages claimed, and that, with full knowledge of such facts, the parties hereto have agreed to compromise and settle the above-entitled action for the considerations set forth in the Settlement Agreement, the terms and conditions of which are understood by the Plaintiffs;
4. It is understood by the parties that the Settlement Agreement is subject to the approval of this court with respect to the amount of recovery to Plaintiffs set forth in the Settlement Agreement and the method of payment of such proceeds;
5. The Settlement Agreement and method of payment is just, fair, reasonable and equitable, and the same should be approved and is hereby APPROVED;
6. The fee agreement between the plaintiff and their counsel of record is just, fair and reasonable and that the fees and expenses of counsel should be paid out of that portion of the proceeds of settlement as allocated under the terms of the Settlement Agreement; and
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the court that the Settlement Agreement is hereby approved and shall be henceforth binding on the parties thereto;
IT IS HEREBY ORDERED, ADJUDGED AND DECREED by the court that the Defendants or their representatives shall carry out the terms of the Settlement Agreement by paying Two hundred ninety-five thousand dollars ($295,000.00) to Jay Gray, Gray.Hart, L.L.P., Tax I.D. # 75-2929834, as reflected in the Settlement Agreement. The release of Defendants and their insurers resulting therefrom is recognized and approved by this order of the court;
IT IS FURTHER ORDERED that this judgment is not to be considered evidentiary in any other case or legal proceeding, and shall not be construed as an admission of liability on the part of Defendants and that these Defendants have continued to expressly deny any and all liability for the claims which have been made or settled in this suit;
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the liability of Defendants are discharged under the terms of the Settlement Agreement (together with the liability of other persons and entities not parties hereto), that all claims and causes of action asserted or that could have been asserted against said Defendants by Plaintiffs or their representatives in the above-entitled and numbered cause are hereby dismissed with prejudice to the refiling of the same, and that no execution on this judgment shall issue except as to any amounts presently due and owing to Plaintiffs as set forth in the Settlement Agreement.