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Bishop v. City of Buckley
3:22-cv-05759
W.D. Wash.
Oct 11, 2024
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Case Information

*1 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON DOUGLAS BISHOP, as an individual, No. 3:22−cv−05759 KKE

and as Personal Representative for the ESTATE OF QUINCY BISHOP, and on

behalf of B.G.B. and M.D.B, minors, VICTORIA BISHOP, as an individual, ORDER GRANTING MOTION CORY BISHOP and KIARA BISHOP TO APPROVE MINOR and the marital community comprised SETTLEMENT TRUSTS thereof; Plaintiffs,

v.

CITY OF BUCKLEY, a political

subdivision of the State of Washington

d/b/a Buckley Police Department, ARTHUR FETTER, an individual and

KURT ALFANO, an individual;

Defendants. THIS MATTER came before the Court on Plaintiff s’ unopposed motion for a pproval of m inor s ettlement trusts. Dkt. No. 92. On June 24, 2024, the Court issued an order a pproving m inor s ettlements. Dkt. No. 89. Pursuant to *2 the Court’s o rder, Plaintiffs now provide the draft trust instruments for the benefit of minor plaintiffs B.G.B. and M.D.B. Dkt. No s . 93 -1, -2.

The draft trust instruments were prepared by Zebular Madison of Madeira L egal. The named trustee is Madeira Legal, PLLC, a law firm specializing in the areas of estate planning and trust administration. The funds will be available for health, education, maintenance, and support as needed and at the trustee’s discretion until age 25. At age 25, the minors may seek to terminate the trusts and are free to do so indefinitely at any time following the respective mi nors’ 25th birthdays.

Pursuant to its “special duty, derived from Federal Rule of Civil Procedure 17(c), to safeguard the interests of litigants who are minors[,]” the Court is required to conduct an inquiry to determine whether the settlement serves the best interest of the minor P laintiffs . Robidoux v. Rosengren , 638 F.3d 1177, 1181 (9th Cir. 2011). The Court previously approved th e s ettlements and the proposed trust instruments create a comprehensive and beneficial financial plan for the proceeds of the settlement.

Accordingly, IT IS HEREBY ORDERED:

1. Plaintiffs’ motion for a pproval of m inor s ettlement trusts (Dkt. No. 92) is hereby GRANTED. Counsel for Plaintiffs shall file the proposed draft trust instruments

*3 1 with Pierce County Superior Court on or before October 18, 2024 . Counsel for 2 Plaintiffs shall file a notice of compliance, attaching documentation that the 3 proposed trust instruments were so filed on or before October 25, 2024. 4 Counsel for Plaintiffs shall fund each trust in the amount of

5 $500,000, less the payment of the invoice of the Court - Appointed SGAL and

6 attorney drafting the trust as soon as practicable. Counsel for Plaintiff s shall file 7 8 a notice of compliance, attaching documentation that indicates that the funds 9 were so paid within one week of payment.

10 DATED this 11th day of October, 4.

A
Kymberly K. Evanson United States District Judge

Case Details

Case Name: Bishop v. City of Buckley
Court Name: District Court, W.D. Washington
Date Published: Oct 11, 2024
Docket Number: 3:22-cv-05759
Court Abbreviation: W.D. Wash.
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