INTERVENOR’S RESPONSE TO PLAINTIFF’S MOTION TO ENFORCE SETTLEMENT AND CONSENT TO

PARTIAL PAYMENT TO TREVOR WILLIAMS AND BRIEF IN SUPPORT THEREOF - Page 1 of 5

Wms - Intervenor Resp 2 Mtn 2 Enforce Stlmt fj05120801.wpd

IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

TREVOR WILLIAMS,

Plaintiff,

v.

REMINGTON ARMS COMPANY,

INC.,

Defendant.

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CIVIL ACTION NO. 3-05CV1383-D

INTERVENOR’S RESPONSE TO PLAINTIFF’S MOTION

TO ENFORCE SETTLEMENT AND CONSENT TO 

PARTIAL PAYMENT TO TREVOR WILLIAMS

AND BRIEF IN SUPPORT THEREOF

TO THE HONORABLE UNITED STATES DISTRICT COURT:

Intervenor placed all parties and the court on notice of his contract claim on

October 18, 2006 when it filed its Intervention. While at the time of the

intervention the claim was one in contract, today with an agreed, and at this point

partially funded, settlement between the plaintiff and defendant, the claim is an

assignment of 40% (forty percent) of the gross settlement amount, as well as its

expenses incurred in prosecuting this claim.

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INTERVENOR’S RESPONSE TO PLAINTIFF’S MOTION TO ENFORCE SETTLEMENT AND CONSENT TO

PARTIAL PAYMENT TO TREVOR WILLIAMS AND BRIEF IN SUPPORT THEREOF - Page 2 of 5

Wms - Intervenor Resp 2 Mtn 2 Enforce Stlmt fj05120801.wpd

I.

Intervenor does not want to see a delay in payment to plaintiff, Mr. Trevor

Williams, of his portion of the settlement, after attorneys fees and expenses. 

Accordingly, Intervenor consents to payment of the settlement to Mr. Williams

with 40% (forty percent) of the gross settlement with Defendant reserved to satisfy

his assignment. The remaining 40% (forty percent) of the settlement should be

held in trust by Defendant Remington or placed in the registry of the court until the

attorney fee dispute is resolved.

II.

Intervenor’s assignment of forty percent of the underlying tort claim should

be acknowledged by Defendant holding this amount of the settlement in trust or by 

placing 40% (forty percent) of the gross settlement amount into the registry of the

court. Plaintiff’s res judicata argument ignores the three different options that are

available in this type of situation.

 . . .where a plaintiff and defendant, with knowledge that

an attorney has been granted an interest in the suit [the assignment],

settle the case without recognizing the attorney’s interest, the 

attorney has several choices: (1) he may prosecute the suit 

against the defendant in his own name or the plaintiff’s name,

prove liability and damages owed by the defendant to the plaintiff,

and recover his proportionate share from the judgment; (2) he may

sue the client for his share of the sum paid in settlement . . .; or

(3) he may ratify the settlement between the plaintiff and 

defendant, without the necessity of proving

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1

Honeycutt v. Billingsley, 992 S.W. 2d 570, 585 (Tex. App.- Houston [1st Dist.] 1999, pet.

denied; see also Law Offices of Windle Turley,P. C. v. Ghiasinejad, 109 S.W. 3d 68, 72 (Tex.

App. - Fort Worth 2003, no pet.).

INTERVENOR’S RESPONSE TO PLAINTIFF’S MOTION TO ENFORCE SETTLEMENT AND CONSENT TO

PARTIAL PAYMENT TO TREVOR WILLIAMS AND BRIEF IN SUPPORT THEREOF - Page 3 of 5

Wms - Intervenor Resp 2 Mtn 2 Enforce Stlmt fj05120801.wpd

liability and damages in the underlying tort

suit by seeking to recover only his proportionate

share of the settlement funds.1

Even if the first route of recovery on the assignment is res judicata, the other

two are not. Since part of this settlement was reached and at least partially funded

without notice to the Intervenor who has an assignment, these three different

options for collection of the assignment are available to Intervenor.

Intervenor does not seek any interest in or payment from monies that would

ordinarily be distributed to the individual Plaintiff Trevor Williams after payment

of his attorney’s fees and expenses. Intervenor understands that some monies have

already been paid to the Plaintiff and that Plaintiff is entitled to additional proceeds

from what is purported to be $925,000 still to be paid by Remington’s insurer. 

Intervenor has no objection to the payment of the remaining funds due to the

plaintiff Trevor Williams individually so long as 40% (forty percent) of the gross

settlement is held in trust by Remington’s insurer or deposited into the registry of

the Court pending a final determination as to fair distribution of attorney’s fees in

this case.

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INTERVENOR’S RESPONSE TO PLAINTIFF’S MOTION TO ENFORCE SETTLEMENT AND CONSENT TO

PARTIAL PAYMENT TO TREVOR WILLIAMS AND BRIEF IN SUPPORT THEREOF - Page 4 of 5

Wms - Intervenor Resp 2 Mtn 2 Enforce Stlmt fj05120801.wpd

WHEREFORE, Intervenor gives notice of the consent to pay all monies due

and owing to Trevor Williams individually except for 40% (forty percent) of the

gross settlement to be held in trust by the Defendant or placed into the registry of

the Court until a final determination is made as to a fair distribution of attorney’s

fees.

Respectfully submitted,

TURLEY LAW FIRM

 /s/ 

Linda Turley

State Bar No. 20303800

6440 North Central Expressway

1000 Turley Law Center

Dallas, Texas 75206

Telephone No. 214/691-4025

Telecopier No. 214/361-5802

ATTORNEY FOR INTERVENOR

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INTERVENOR’S RESPONSE TO PLAINTIFF’S MOTION TO ENFORCE SETTLEMENT AND CONSENT TO

PARTIAL PAYMENT TO TREVOR WILLIAMS AND BRIEF IN SUPPORT THEREOF - Page 5 of 5

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CERTIFICATE OF SERVICE

 I hereby certify that a true and correct copy of Intervenor’s Response to

Plaintiff’s Motion to Enforce Settlement and Consent to Partial Payment to Trevor

Williams and Brief in Support Thereof has been served on the following counsel of

record via the Court's ECF system on this 15th day of May, 2008.

Mr. Dale Willis dwills@smbtrials.com

Swanson, Martinez & Bell, L.L.P.

330 North Wabash Avenue, Suite 3300

Chicago, IL 60611

Mr. Randal Mathis mathis@mathisdonheiser.com

Mathis & Donheiser

4600 Trammell Crow Center

2001 Ross Avenue

Dallas, TX 75201

Edward J. Murphy emurphy@bmpllp.com

Beirne, Maynard & Parsons, LLP

1300 Post Oak Boulevard, Suite 2500

Houston, TX 77056

Jeffrey W. Hightower, Jr. jeff@barberhightower.com

Barber Hightower, LLP

9400 N. Central Expwy; Suite 1207

Dallas, Texas 75231

Timothy Monsees tmonsees@mmmpalaw.com

Monsees, Miller, Mayer, Presley & Amick

4717 Grand Ave., Ste. 820

Kansas City, MO 64112

 /s/ 

Linda Turley

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