Case: 1:18-cv-00220-KLL Doc #: 38-3 Filed: 06/03/19 Page: 1 of 3 PAGEID #: 166

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION (CINCINNATI

Teresa R. Robinson Case No. 1:18-CV-220-MRB
Administrator of the Estate of

Carl Tackett, Deceased, Judge Michael R. Barrett

Magistrate Judge Karen L. Litkovitz
Plaintiff,
ORDER APPOINTING ESTATE
REPRESENTATIVE AND GRANTING
JOINT MOTION TO APPROVE
SETTLEMENT

vs.

M & M Cartage Company, Inc., et al.,

Defendants.

The matter came before this court on the Plaintiff and Defendants’ joint motion to
approve settlement. This Court conducted a conference on April 24, 2019 with the parties to
entertain discussion on the law and issues in this case. Based upon the evidence, discussion and
law, this Court makes the following findings:

1. On November 8, 2017, Ms. Robinson was appointed the representative of Mr.
Tackett’s estate in Mingo County, West Virginia. See Affidavit of Executrix Pursuant to West
Virginia Code §44-1-13 attached as Exhibit A. After being appointed as Executrix, Mr. Robinson
filed the action before this Court pursuant to Ohio’s wrongful death statute, O.R.C.
2125.02(A)(1).

2. Subject to this Court’s approval, the parties have recently reached an agreement.
Plaintiff and Defendants jointly drafted the proposed Settlement Agreement, attached hereto as
Exhibit B. The settlement funds will be disbursed as follows:

Gross Settlement: $1,800,000.00
Attorney Fee: $600,000.00


Case: 1:18-cv-00220-KLL Doc #: 38-3 Filed: 06/03/19 Page: 2 of 3 PAGEID #: 167

Attorney Costs: $39,574.45
Protected Fees: $23,386.35
Net to Melissa Tackett: $857,440.67
Net to Cody Tackett: $279,598.53

The Court has reviewed the terms of the settlement with counsel and finds that the settlement is a
good faith settlement, made in the best interest of all parties.

3. Pursuant to R.C. 2125.02 (C), “[a] personal representative appointed in this state,
with the consent of the court making the appointment and at any time before or after the
commencement of a civil action for wrongful death, may settle with the defendant the amount to
be paid”.

4. Ms. Robinson was appointed the personal representative of the Estate of Carl
Tackett in Mingo County, West Virginia Court. However, West Virginia law does not have a
procedural mechanism under which to seek permission from the Mingo County Court to enter
into a settlement. In addition, counsel for Defendant contacted the Mingo County Court and
requested a conference for the purpose of obtaining consent to enter into a settlement.
Unfortunately, the Mingo County Court refused to grant a conference because West Virginia law
does not give that court authority consent or approve settlements. Rather, the Court only rules on
distribution of settlement proceeds.

Di Reconciling West Virginia law and O.R.C. 2125.02 (C), this Court hereby gives
full faith and credit to, and recognizes West Virginia’s appointment of Ms. Robinson as the
personal representative of the Estate of Carl Tackett. Moreover, this Court hereby and likewise
appoints Teresa R. Robinson as the Administrator for the Estate of Carl Tackett, for the limited

purpose of entering into a settlement agreement in this case.


Case: 1:18-cv-00220-KLL Doc #: 38-3 Filed: 06/03/19 Page: 3 of 3 PAGEID #: 168

6. This Court authorizes Ms. Tackett, as the personal representative of the Estate of
Carl Tackett, to enter into (i.e. execute) the proposed Settlement Agreement with the Defendants
in this case.

Ti This Court approves the distribution of the settlement funds as indicated above.

For the reasons described below, and for good cause shown, it is hereby ORDERED,
ADJUDGED and DECREED that Plaintiff and Defendants’ joint motion to approve settlement is
well-taken and granted.

IT IS SO ORDERED.

Magistrate Judge Karen L. Litkovit2

Respectfully submitted,

/s/ Michael Jay Leizerman email approval 5/21/19 — /s/ Kenneth A. Calderone

Michael Jay Leizerman (0063945) Kenneth A. Calderone (0046860)

Joshua M. Leizerman (0088359) Carol N. Tran (0089192)

Leizerman & Associates Hanna, Campbell & Powell, LLP

3450 W. Central Avenue, Suite 328 3737 Embassy Parkway, Suite 100

Toledo, OH 43606 Akron, OH 44333

Email: michael@leizerman.com Telephone: (330) 670-7324 / (330) 670-7337
josh@leizerman.com Facsimile: (330) 670-7440 / (330) 670-7456

Email: kcalderone@hcplaw.net

and ctran@heplaw.net

Attorneys for Defendants
Charles M. Rittgers (0086567)

Rittgers & Rittgers

12 East Warren Street /s/ Susanne M. Cetrulo email approval 5/22/19
Lebanon, OH 45016 Susanne M. Cetrulo, Esq.

Email: charlie@rittgers.com Cetrulo, Mowery & Hicks, PC

Attorneys for Plaintiff 130 Dudley Road, Suite 200

Edgewood, KY 41017

Email: susanne@cetrulolaw.com
Attorney for Third-Party Defendant
Cody N. Tackett