Temple v. Sahota

W.D. Missouri

Temple v. Sahota

DecidedOctober 7, 2021

Docket3:20-cv-05103

StatusUnknown

This text of Temple v. Sahota (Temple v. Sahota) is published on Counsel Stack Legal Research, covering District Court, W.D. Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Temple v. Sahota, (W.D. Mo. 2021).

Pincite

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI SOUTHWESTERN DIVISION

LAUREN TEMPLE, ) ) Plaintiff, ) ) v. ) No. 20-05103-CV-SW-DPR ) JAGDEEP S. SAHOTA, et al., ) ) Defendants. )

ORDER Before the Court is Plaintiff’s Motion for Approval of Wrongful Death Settlement. (Doc. 53.) Plaintiff states the parties have reached a confidential settlement of the wrongful death claims against Defendants. Defendants have filed a Response stating they join in the motion. (Doc. 56.) Under Missouri law, a wrongful death settlement requires court approval. See Mo. Rev. Stat. § 537.095. To obtain approval, a plaintiff must demonstrate that: (1) he or she diligently attempted to notify all spouses, children, and parents of the decedent, and if none of those relatives survive, then the siblings of the decedent, see Mo. Rev. Stat. § 537.080.1; (2) the settlement amount is fair and reasonable, see id. § 537.095.3; and (3) the attorneys’ fees are paid in accordance with the Missouri Rules of Professional Conduct, see Mo. Rev. Stat. § 537.095.4(2); see, e.g., Eng v. Cummings, McClorey, Davis & Acho, PLC, 611 F.3d 428, 435 (8th Cir. 2010). While discussing potential dates for an evidentiary hearing on the motion, Plaintiff’s counsel made the following request via email on October 5, 2021: “[g]iven that the parties are all out of state, including in Canada and Michigan, is it possible that the hearing could be conducted by Zoom or via affidavit?” Upon consideration of this request, to facilitate the Court’s review of the proposed settlement without a hearing, Plaintiff is granted leave to file an amended motion with affidavits in support setting forth facts demonstrating that the settlement conforms with Missouri law. The amended motion may be filed on or before November 5, 2021. IT IS SO ORDERED.

/s/ David P. Rush DAVID P. RUSH UNITED STATES MAGISTRATE JUDGE

DATE: October 7, 2021

Free access — add to your briefcase to read the full text and ask questions with AI

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI SOUTHWESTERN DIVISION

LAUREN TEMPLE, ) ) Plaintiff, ) ) v. ) No. 20-05103-CV-SW-DPR ) JAGDEEP S. SAHOTA, et al., ) ) Defendants. )

ORDER Before the Court is Plaintiff’s Motion for Approval of Wrongful Death Settlement. (Doc. 53.) Plaintiff states the parties have reached a confidential settlement of the wrongful death claims against Defendants. Defendants have filed a Response stating they join in the motion. (Doc. 56.) Under Missouri law, a wrongful death settlement requires court approval. See Mo. Rev. Stat. § 537.095. To obtain approval, a plaintiff must demonstrate that: (1) he or she diligently attempted to notify all spouses, children, and parents of the decedent, and if none of those relatives survive, then the siblings of the decedent, see Mo. Rev. Stat. § 537.080.1; (2) the settlement amount is fair and reasonable, see id. § 537.095.3; and (3) the attorneys’ fees are paid in accordance with the Missouri Rules of Professional Conduct, see Mo. Rev. Stat. § 537.095.4(2); see, e.g., Eng v. Cummings, McClorey, Davis & Acho, PLC, 611 F.3d 428, 435 (8th Cir. 2010). While discussing potential dates for an evidentiary hearing on the motion, Plaintiff’s counsel made the following request via email on October 5, 2021: “[g]iven that the parties are all out of state, including in Canada and Michigan, is it possible that the hearing could be conducted by Zoom or via affidavit?” Upon consideration of this request, to facilitate the Court’s review of the proposed settlement without a hearing, Plaintiff is granted leave to file an amended motion with affidavits in support setting forth facts demonstrating that the settlement conforms with Missouri law. The amended motion may be filed on or before November 5, 2021. IT IS SO ORDERED.

/s/ David P. Rush DAVID P. RUSH UNITED STATES MAGISTRATE JUDGE

DATE: October 7, 2021

Cite This Page — Counsel Stack

Bluebook (online)

Temple v. Sahota, Counsel Stack Legal Research, https://law.counselstack.com/opinion/temple-v-sahota-mowd-2021.

Opinion

Related

Cite This Page — Counsel Stack