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ORDER APPROVING MINOR SETTLEMENT- 1

RUSH, HANNULA, HARKINS & KYLER, L.L.P.

4701 South 19th Street, Suite 300

TACOMA, WA 98405

TACOMA: (253) 383-5388

SEATTLE: (253) 838-4790

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT TACOMA

GORDON M. KENNY and JAMIE J.

KENNY, husband and wife and the marital

community composed thereof, and as the

natural parents and legal guardians of T.

M. L. K., a minor,

Plaintiffs,

vs.

TENINO SCHOOL DISTRICT NO. 402,

d/b/a TENINO MIDDLE SCHOOL; RANDY

KRAMER and KEVIN KEIR,

Defendants.

NO. C06-05320-RBL

ORDER APPROVING MINOR

SETTLEMENT

 

THIS MATTER having come on regularly before the undersigned Judge of the

above-entitled Court upon the motion of plaintiffs for an order approving the settlement

involving the minor herein, and the Court having considered the files and records

contained herein, including the Report of the Settlement Guardian ad Litem James R. 

Case 3:06-cv-05320-RBL Document 19 Filed 07/27/07 Page 1 of 4
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ORDER APPROVING MINOR SETTLEMENT- 2

RUSH, HANNULA, HARKINS & KYLER, L.L.P.

4701 South 19th Street, Suite 300

TACOMA, WA 98405

TACOMA: (253) 383-5388

SEATTLE: (253) 838-4790

Cushing, filed with the Court under seal, and the Court being fully advised in the

premises, now, therefore, it is 

ORDERED, ADJUDGED AND DECREED that the proposed settlement of the

plaintiffs’ claims be and the same hereby is approved; it is further

ORDERED, ADJUDGED AND DECREED that the net sum to the minor herein in

the amount of Twenty-Thousand and no/100ths ($20,000.00) Dollars shall be paid to or

for the benefit of the minor with future periodic payments on the dates and in the

amounts indicated hereafter:

Payee: T.M.L.K. (a minor)

On 10/6/2013, a lump sum of $12,000

On 10/6/2014, a lump sum of $15,040

Any payments to be made after the death of the Payee shall be made to the

Estate of Payee. After the age of majority, Payee may submit a change of beneficiary,

in writing, to Assignee. No such designation, or any revocation thereof, shall be

effective unless it is in writing and delivered to Assignee. The designation must be in a

form acceptable to Assignee. The designation approved by the Court at this time is the

Estate of T.M.L.K., a minor.

The obligation to make periodic payments described herein will be assigned to

Prudential Assigned Settlement Services Corporation (“Assignee”) and funded by an

annuity contract issued by The Prudential Insurance Company of America (“Annuity

Case 3:06-cv-05320-RBL Document 19 Filed 07/27/07 Page 2 of 4
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ORDER APPROVING MINOR SETTLEMENT- 3

RUSH, HANNULA, HARKINS & KYLER, L.L.P.

4701 South 19th Street, Suite 300

TACOMA, WA 98405

TACOMA: (253) 383-5388

SEATTLE: (253) 838-4790

Issuer”), rated A+ (Superior) by A.M. Best Company. All parties shall cooperate fully

and execute any and all supplementary documents, including a Qualified Assignment in

compliance with IRC 104 (a)(2) and Section 130 of the Internal Revenue Code of 1986,

as amended; it is further

ORDERED, ADJUDGED AND DECREED that the parents of the minor, Gordon

and Jamie Kenny be and they hereby are authorized individually and/or jointly to

execute any necessary settlement documents on behalf of the minor; it is further

ORDERED, ADJUDGED AND DECREED that the guardian ad litem fee of

$1,400.00 shall be paid 50% by the Tenino School District and/or its insurer and 50% by

counsel representing plaintiffs; and it is further

ORDERED, ADJUDGED AND DECREED that the settlement guardian ad litem

herein, James Cushing, be and he hereby is discharged as settlement guardian ad litem

for the minor herein; it is further

ORDERED, ADJUDGED AND DECREED that the parties hereto shall cause to

be filed with the Court upon the completion of the settlement approved herein, a

Stipulation and Order of Dismissal, with prejudice of all claims. 

DATED: July 27, 2007A

RONALD B. LEIGHTON

UNITED STATES DISTRICT JUDGE

Case 3:06-cv-05320-RBL Document 19 Filed 07/27/07 Page 3 of 4
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ORDER APPROVING MINOR SETTLEMENT- 4

RUSH, HANNULA, HARKINS & KYLER, L.L.P.

4701 South 19th Street, Suite 300

TACOMA, WA 98405

TACOMA: (253) 383-5388

SEATTLE: (253) 838-4790

Presented by:

RUSH, HANNULA, HARKINS & KYLER, L.L.P.

By: Daniel R. Kyler, WSBA# 12905

Attorney for Plaintiffs

4701 South 19th Street, #300

Tacoma, WA 98405

253-383-5388

Approved as to Form, Notice of

Presentment waived:

By: Diana V. Blakney

Diana V. Blakney, WSBA #17629

MICHAEL B. TIERNEY, P.C.

Attorneys for Defendants

2955 80th Ave. SE, Suite 205

Mercer Island, WA 98040

Phone: 206-232-3074

Case 3:06-cv-05320-RBL Document 19 Filed 07/27/07 Page 4 of 4