Free Settlement Agreement - District Court of Delaware - Delaware

Case 1:05-cv-00022-MPT

Document 204-5

Filed 06/19/2008

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

ST. PAUL MERCURY INSURANCE COMPANY and PACK AND PROCESS, INC.

v. MALY YAN ************************************ YAN THOU, et al. v. PACK & PROCESS, INC., et al.

: : : : : : : : : : : : : : :

Case No. 05-0022 (MPT) Case No. 05-00513 (MPT) CONSOLIDATED CASES

ORDER APPROVING SETTLEMENT AND COMPROMISE OF WRONGFUL DEATH AND SURVIVAL ACTIONS AND DESIGNATION OF BENEFICIARIES AND NOW, this day of , 2008, upon consideration of the

Petition to Settle and Compromise Wrongful Death and Survival Actions and designate beneficiaries, it is hereby ORDERED and DECREED that Petitioner is authorized to enter into a settlement with Defendant, Richard P. Reistle, SR., and Pack & Process, Inc. in the gross sum of $4 (four) million, five hundred thousand dollars. IT IS FURTHER ORDERED and DECREED that the settlement amounts, costs, and distributions for the following Estates are approved: TO: Yan Thou, Executor of the Estates of Oeurn Mam and Navy Yan and the personal injury claim of Bay Thi Nguyen, $2,250,000.00, minus the $750,000.00 attorney fee, minus $130,243.01 for costs, which equals $1,369,756.99. Thorn B. Khem, Executor of the Estate of Lam Khem, $250,000.00, minus the $83,333.33 attorney fee, minus $4,203.03 for costs, which equals $162,463.64.

TO:

2

Case 1:05-cv-00022-MPT

Document 204-5

Filed 06/19/2008

Page 2 of 2

TO:

Soly Chan, Executor of the Estate of Lang Khem a/k/a Lang Chhay, $250,000.00, minus the $83,333.33 attorney fee, minus $4,203.03 for costs, which equals $162,463.64. Salim Kahn and Mohammed Sardar Kahn, as the Executors of the Estate of Mohammed Azim, $250,000.00, minus the $83,333.33 attorney fee, minus $1,980.00 for costs, which equals $164,686.67.

TO:

IT IS FURTHER ORDERED and DECREED settlement funds be held in the escrow respective the a c c o u nt Estates, or of the at t o r n e ys that no o f f i ce s funds who be r ep r e s e n t distributed or the to the court the

provided any

shall

Executor Act

Wrongful until the be the

Death such

Act as

beneficiaries an

Survival in

beneficiaries where to and

time were

appropriate approves Wrongful be of

Pennsylvania, of

estates divided amount

raised, the to

percen tage Act and

funds Act

between of funds

Death to

Survival

distributed

the beneficiaries. ___________________________ J.

2