_____________________________________________________________________________________________ 

MOTION TO COMPEL COMPLIANCE WITH COURT ORDER PAGE 1 

AND MOTION FOR EXPEDITED EMERGENCY HEARING

IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF TEXAS 

DALLAS DIVISION 

TREVOR WILLIAMS, 

Plaintiff, 

vs. 

REMINGTON ARMS COMPANY, INC. 

Defendant. 

§ 

§ 

§ 

§ 

§ Civil Action No. 3:05-CV-1383-D 

§ (ECF) (Closed Case) 

§ 

§ 

§

MOTION TO COMPEL COMPLIANCE WITH COURT ORDER AND MOTION FOR 

EXPEDITED EMERGENCY HEARING 

TO THE HONORABLE UNITED STATES DISTRICT JUDGE: 

 A dispute has arisen over the distribution of $500,000, held in trust in Houston, Texas. 

Trevor Williams settled his lawsuit against Remington on March 5, 2008. The parties 

dictated the terms of the settlement into the record. See Exhibit 1. The court ordered distribution 

of funds by order dated August 20, 2008: “The remaining $500,000 should remain in the 

custody of Edward J. Murphy pending instructions for payment to properly identified annuity 

companies, and upon signed authorization from counsel for Plaintiff, funds should be sodistributed without need for further order of this court.” 

 On Monday, September 8, 2008, at 12:03pm, Mr. Hightower for Trevor Williams sent 

Mr. Murphy the following email: 

Ed, Please see check writing instructions below. I will also forward the qualified 

assignment for signature by someone for Remington, Dale I assume. Please 

confirm receipt. 

Please make the premium checks payable to: 

Prudential Assigned Settlement Services Corp. $300,000.00 

Tax ID 22-3444614 

and 

Case 3:05-cv-01383-D Document 227 Filed 09/17/08 Page 1 of 3 PageID 5009
_____________________________________________________________________________________________ 

MOTION TO COMPEL COMPLIANCE WITH COURT ORDER PAGE 2 

AND MOTION FOR EXPEDITED EMERGENCY HEARING

Liberty Life Assurance Company of Boston $200,000.00 

Tax ID 04-6076039 

Please send checks to: 

Johnson Settlements 

202 N. Allen Dr., Ste. E 

P.O. Box 918 

Allen, TX 75013 

972-396-1377 

Mr. Murphy responded on Wednesday, September 10, 2008 at 11:21 am, indicating that 

he was sending checks “without delay” as the court ordered: 

I am sending out the two checks today, totaling $500,000, pursuant to your 

instructions and the Court’s order. Please confirm by return email that once these 

payments are made, that the settlement has been fully funded. I thank you for 

your courtesy and cooperation in this matter. 

Mr. Hightower confirmed by return email that such action would result in the full funding 

of the settlement. 

AIG now claims for the first time that Trevor Williams must structure the remaining 

funds with Shoman and AIG, citing the following language from page 4 of the transcript, lines 

17-23: 

Plaintiff shall structure at least $200,000. The structure broker shall be Kathy 

Shoman of EPS, in coordination with Neal Johnson of Johnson Settlement 

Resources. The structure company shall be an AIG approved company.” 

 The language above pertains only to the required structure of no less than $200,000. 

Trevor Williams did in fact structure $200,000 with AIG in compliance with his obligation. 

Beyond the $200,000 obligation, Mr. Williams should be free to invest the funds as his 

discretion, especially in light of AIG’s financial insecurity. 

 Plaintiff prays for an order of court compelling Mr. Murphy to write and send the checks 

as directed by Mr. Hightower’s email of September 8, 2008. Jeffrey W. Hightower, Jr. and 

Edward Murphy also request a short hearing before the court on this matter given that interest 

Case 3:05-cv-01383-D Document 227 Filed 09/17/08 Page 2 of 3 PageID 5010
_____________________________________________________________________________________________ 

MOTION TO COMPEL COMPLIANCE WITH COURT ORDER PAGE 3 

AND MOTION FOR EXPEDITED EMERGENCY HEARING

rate fluctuations has the very real potential of negatively affecting Mr. Williams’ future income 

stream. Mr. Murphy has requested that the hearing take place “around 1:00 pm Monday or 

Tuesday, September 22 or 23,” depending, of course, on the court’s schedule, and Mr. 

Hightower is also available on those dates and at that time. 

Respectfully submitted, 

s/ Jeffrey W. Hightower, Jr.

Timothy Monsees 

Monsees, Miller, Mayer, Presley & Amick 

4717 Grand Ave., Ste. 820 

Kansas City, MO 64112 

Telephone: 816.361.5550 

Facsimile: 816.361.5577 

LEAD ATTORNEY 

Jeffrey W. Hightower, Jr. 

HIGHTOWER LAW FIRM

9400 N. Central Expwy; Suite 1207 

Dallas, Texas 75231 

Phone: 214.580.9800 

Fax: 214.580.9804 

Email: jeff@hightowerlawoffice.com 

LOCAL COUNSEL 

ATTORNEYS FOR PLAINTIFF 

CERTIFICATE OF SERVICE

 This Motion was properly served through the ECF system on September 17, 2008. 

 

s/ Jeffrey W. Hightower, Jr.

 Jeffrey W. Hightower, Jr. 

CERTIFICATE OF CONFERENCE

 AIG is opposed to relief requested as set out above. 

 

 s/ Jeffrey W. Hightower, Jr.

 Jeffrey W. Hightower, Jr. 

Case 3:05-cv-01383-D Document 227 Filed 09/17/08 Page 3 of 3 PageID 5011