Free Motion for Order - District Court of Connecticut - Connecticut

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Case 3:03-cv-00597-MRK Document 147 Filed 05/24/2005 Page 1 of 4 i
UNITED STATES DISTRICT COURT ,
DISTRICT OF CONNECTICUT
BILL L. GOUVEIA AS ADMINISTRATOR
OF THE ESTATE OF José GUERRA, .
Plaintiff
V` CIVIL ACTION No. 303CV597 MRK i
SIG SIMONAZZI NORTH AMERICA, INC.,
Defendant i
v.
Dated: May 23, 2005 i
SASIB FOOD MACHINERY MV, S.P.A., g. s R -
SASIB BAKERY ITALIA, S.P.A., 1 r` g; .·‘ S
DRY PRODUCTS, S.P.A., and ` · a ,
COMPAGNIE INDUSTRIALI RIUNITE, I J I
Third-Pa Defendants Q.-? ,
MOTION FOR ORDER TO ESTABLISH ,_ _ H I.
THE JOSE GUERRA QUALIFIED SETTLEMENT TRUST= j ("" I
r no
NOW COME the Plaintiff and the Defendant to respectfully seek the Court’s
approval to establish The Jose Guerra Qualified Settlement Trust. ·
1. The Plaintiff in this action has sought claims for wrongful death, personal injury and l
other relief against the Defendant.
2. The Plaintiff and the Defendant wish to fully and finally settle all claims of the
Plaintiff against the Defendant in this action.
3. Subject to the approval of this Court, the Defendant has agreed to pay a settlement
to The Jose Guerra Qualified Settlement Trust as full and final settlement of the ;
claims of the Plaintiff. i
4. The Plaintiff and the Defendant respectfully request that this court approve the
establishment of a Qualified Settlement Trust pursuant to §468B of the Internal I
Revenue Code which will consist of a Trust with a Trustee to administer the claims
of the PIaintiff’s beneficiaries.
5. The Jose Guerra Qualified Settlement Trust shall be held by Attorney John F. ,
Kearns lll, of Kearns & Kearns PC, of West Hartford, Connecticut, as the Trustee )
under the terms of the Order creating the Qualified Settlement Trust.
Richard J. Sullivan, Sullivan & Sullivan, LLP i
31 Washington Street- Wellesley, MA 02481
Telephone (781) 283-9400 - Fax (781) 239-1360
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[ Case 3:03-cv-00597-MRK Document 147 Filed 05/24/2005 Page 2 of 4 W
6. Pursuant to the Settlement Agreement and the Releases and upon payment to The |
Jose Guerra Qualified Settlement Trust’s Trustee by the Defendant, the Defendant’s '
payments shall completely extinguish any and all liability that the Defendant may i
have with respect to the Plaintiffs claims. N
7. Pursuant to the Order of the Court and the Settlement Agreement and the Release,
The Jose Guerra Qualified Settlement Trust shall resolve and satisfy all claims
against the Defendant.
8. Pursuant to Rev. Proc. 93-34 Section 4.01(5), it is in the best interests of the Plaintiff
and Defendant that an Independent Trustee such as Attorney John F. Kearns Ill, of
Kearns & Kearns PC, of West Hartford, Connecticut, senre as Trustee of The Jose
Guerra Qualified Settlement Trust.
9. The Plaintiff agrees that the payments by the Defendant to The Jose Guerra l
Qualified Settlement Trust shall be a fair and reasonable settlement amount for its
claim. ·
10.The Plaintiff represents that there are two beneficiaries of the Estate of Jose \
Guerra, namely Joanna Machado Guerra, of Lisbon, Portugal, and Marina Machado
Guerra, of Lisbon, Portugal. E
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11.It is in the best interests of the Plaintiff and Defendant that this Court establish The I
Jose Guerra Qualified Settlement Trust to hold, invest and distribute the settlement
proceeds pursuant to Internal Revenue Code Section 468B and the accompanying
Treas. Reg. Section 1.468B et. seq. in order that the Court may insure that a .
suitable provision is made for payments to the Plaintiffs beneficiaries in accordance
with the foregoing statute, regulations and Rev. Proc. 93-94, 1993-28 I.R.B. 49.
12.As soon as practical following the entry of the Order on this Motion, The Jose
Guerra Qualified Settlement Trust Trustee will file with this Court a declaration of
supporting materials setting forth (1) the Settlement and Release Agreement, (2) the
Dismissal With Prejudice of the Defendant, (3) the Plaintiffs Agreement for
proposed allocation of the settlement proceeds and (4) the Settlement Agreement &
Release between The Jose Guerra Qualified Settlement Trust and the Plaintiffs
beneficiaries.
13.The Jose Guerra Qualified Settlement Trust shall terminate upon Order of this Court
upon discharge of its liability to the Plaintiffs beneficiaries.
14.The Jose Guerra Qualified Settlement Trust shall remain under the continuing
jurisdiction of this Court until The Jose Guerra Qualified Settlement Trust is l
terminated by order of this Court on or before sixty (60) days following (1) making all I
Richard J. Sullivan, Sullivan & Sullivan, LLP _
31 Washington Street- Wellesley, MA 02481 §
Telephone (781) 263-9400 — Fax (781) 239-1360 -
l

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Case 3:03-cv-00597-MRK Document 147 Filed 05/24/2005 Page 3 of 4 \
required filings and (2) disbursement of all Trusts from The Jose Guerra Qualified N
Settlement Trust.
WHEREFORE, it is respectfully requested that by entry of a written Order, the Count:
1. Establish a Qualified Settlement Trust, which shall be known as The Jose
Guerra Qualified Settlement Trust. .
2. Retain continuing jurisdiction over such The Jose Guerra Qualified $
Settlement Trust until the termination of said The Jose Guerra Qualified I
Settlement Trust on the terms set forth above. i
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Respectfully submitted,
THE PLAINTIFF, BILL L. GOUVEIA AS I
ADMINISTRATOR OF THE ESTATE I
or JOSE GUERRA,
By his attorney,
Richéd J. Sullivan
. Fed Bar # CT24914 {
Sullivan & Sullivan, LLP ·
31 Washington Street ‘
Wellesley, MA 02481
Telephone (781) 263-9400
Fax (781) 239-1360
I
I

Richard J. Sullivan, Sullivan & Sullivan, LLP
31 Washington Street -WellesIey, MA 02481
Telephone (781) 283-9400 - Fax (781) 239-1360

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Case 3:03-cv-00597-MRK Document 147 Filed 05/24/2005 Page 4 of 4 I
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CERTIFICATION Q
This is to certify that on this day I served, by first-class mail postage prepaid, a
copy of the foregoing to: I
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Joseph Fortner, Esq. I
Halloran & Sage, LLP I
One Goodwin Square I
225 Asylum Street E
Hartford, CT 06103 I T
Jonathan Mazer, Esq.
Fox Horan 8. Camerini, LLP “
825 Third Avenue
New York, NY 10022 Q Z f
RICH D J. SULLIVAN
Dated: May 23, 2005
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Richard J. Sullivan, Sullivan & Sullivan, LLP
31 Washington Street- Wellesley, IVIA 02481 I
Telephone (781) 263-9400 - Fax (781) 239-1360 I
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