IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF VIRGINIA

Abingdon Division

JOHN DOE, an infant, by his next friend )

Reelia Watson, )
)
Plaintiff, )
)
v. ) Civil Action No.: 1:16-cv-00045
)
RUSSELL COUNTY SCHOOL BOARD, et al., )
)
Defendants. )

MOTION FOR APPROVAL OF

COMPROMISE INFANT SETTLEMENT

COME NOW the parties, by counsel and minor Plaintiff John Doe, an infant,

through his next friend, Reelia Watson, and Jane Doe, individually, and petition the

Court, pursuant to § 8.01-424 of the Code of Virginia 1950, as amended, for the

compromise of all claims brought in this action and in support of their motion the parties

state as follows:

1. On December 8, 2016, the minor Plaintiff John Doe, by his next friend

Reelia Watson, filed a Complaint (ECF No. 1) and brought the instant action against

Bobby Gobble (Gobble), Russell County School Board (the School Board), Kim Hooker

(Hooker), Phillip Henley (Henley), and ten John Roes, some of whom were potentially

affiliated with Russell County School Board.

2. The minor Plaintiff’s Complaint brought fourteen counts against the

defendants, including: two Title IX claims against the School Board; a 42 U.S.C. § 1983

failure to train claim against the School Board, Henley, and Hooker; 42 U.S.C. § 1983

supervisory liability claim against Henley; 42 U.S.C. § 1983 supervisory liability claim

against Hooker; 42 U.S.C. § 1983 special relationship claim against the School Board,
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 Henley, and Hooker; 42 U.S.C. § 1983 state-created danger claim against the School

Board, Henley, and Hooker; violation of 18 U.S.C. § 2255 against John Roes 1-10;

negligence per se claims pursuant to Va. Code Ann. §§ 16.1-288 and 18.2-371 against

Gobble, Henley, Hooker, and John Roes 1-10; negligence per se claims pursuant to Va.

Code Ann. § 63.2-1509; gross negligence claims against Henley, Hooker, and John Roes

1-10; assault claim against the School Board and Gobble; battery against Gobble and the

School Board; and intentional infliction of emotional distress claim against Gobble and

the School Board. (See generally Compl., ECF No. 1.)

3. The minor Plaintiff’s allegations and claims were and remain disputed by

the defendants.

4. On March 1, 2018, the parties convened for a mediation with the

Honorable Robert S. Ballou, U.S. Magistrate Judge.

5. Without admitting any wrongdoing or liability on behalf of any party and

realizing the uncertainty of litigation, the parties reached a compromise settlement of One

Million One Hundred Thousand ($1,100,000.00) which they now seek this Court approve

pursuant to Virginia Code § 8.01-424.

6. Reelia Watson, the minor Plaintiff’s next friend, requests that this Court

approve the compromise settlement.

7. Jane Doe, the minor Plaintiff’s biological mother and current guardian,

also requests that this Court approve the compromise settlement.

8. The minor Plaintiff does not have any outstanding medical bills or liens.

9. Paul R. Thomson, III, Esquire and Monica Beck, Esquire, attorneys of

record for the minor Plaintiff, requests that the sum of $440,000, representing attorney

fees, be deducted from the total settlement proceeds and paid to The Thomson Law Firm,
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 PC and The Fierberg National Law Group, PLLC and that the following sums

representing costs advanced be deducted from the settlement proceeds and paid:

$7,354.82 to The Thomson Law Firm PC; $67,014.65 to The Fierberg National Law

Group, PLLC; $4,818.76 to Reelia Watson, Esquire; and $6,500 to Ron Feinman, Esquire

(drafting and setting up of trust)

10. Pursuant to § 8.01-424(D)(4) of the Code of Virginia of 1950, as

amended, counsel for the minor Plaintiff requests that the Court order the payment of the

remaining settlement proceeds as follows: $200,000 to Pacific Life & Annuity Services,

Inc. for the purchase of an annuity and $374,311.77 into a trust for the use, benefit,

education, maintenance, and support of the minor Plaintiff and for which Virginia Estate

& Trust Law, PLC will be appointed trustee.

11. Upon approval of this compromise settlement, Jane Doe, the minor

Plaintiff’s mother, and Reelia Watson, the minor Plaintiff’s next friend, will execute a

release and endorse an order discharging the defendants from any claims that John Doe

may have for damages or which John Doe’s legal guardians may have individually for

medical expenses or any other claims related to or arising out of the allegations in the

Complaint (ECF No. 1).

12 The parties state that under all the facts and circumstances of the

allegations, the above-outlined settlement is fair and reasonable and that the settlement

covers any and all claims against the defendants arising out of the damages allegedly

sustained by John Doe as outlined in the Complaint (ECF No. 1).

WHEREFORE, the parties pray that the Court 1) approve and ratify the

compromise settlement as outlined above, 2) issue an order directing payments of the

proceeds to be distributed as requested herein, and 3) release Russell County School

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 Board, Kim Hooker, Phillip Henley, Bobby Gobble. and their respective heirs, assigns,

executors, administrators, affiliates, employees, insurers, self-insurers, adjusters,

attorneys, representatives, owners, predecessors in interest, successors in interest,

subsidiaries, parents, policyholders, officers, directors, agents, management, stockholders

and/or associates, both individually and/or collectively, for any and all liability to minor

Plaintiff or anyone who may have a claim on behalf of John Doe or his legal guardians

as a result of the injuries and claims alleged in the Complaint (ECF No. 1).

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 We ask for this:

_____/s_______________________
Jim H. Guynn, Jr. (VSB No. 22299)
Christopher S. Dadak (VSB No. 83789)
GUYNN & WADDELL, P.C.
415 S. College Avenue
Salem, Virginia 24153
Phone: 540-387-2320
Fax: 540-389-2350
Email: jimg@guynnwaddell.com
christopherd@guynnwaddell.com
Counsel for Russell County School Board

____________________________
Paul R. Thomson, III, Esq. (VSB No. 38765)
THOMSON LAW FIRM, PLLC
2721 Brambleton Avenue, SW
Roanoke, VA 24015
Phone: 777-4900
Fax: 772-0578
email: paul@roanokeinjurylawyer.com

Monica H. Beck, Esq.

THE FIERBERG NATIONAL LAW GROUP, PLLC
P.O. Box 121
Lake Leelanau, MI 49653
Phone: 231-256-7068
Fax: 231-256-7069
mbeck@tfnlgroup.com
Counsel for Plaintiff John Doe

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 CERTIFICATE OF SERVICE
I do hereby certify that on this 3rd day of April, 2018, I electronically filed the

foregoing with the Clerk of Court using the CM/ECF system, which will then send a

notification of such filing (NEF) to counsel of record.

By: _/s/ Christopher S. Dadak_________

Jim H. Guynn, Jr. (VSB No. 22299)
Christopher S. Dadak (VSB No. 83789)
GUYNN & WADDELL, P.C.
415 S. College Avenue
Salem, Virginia 24153
Phone: 540-387-2320
Fax: 540-389-2350
Email: jimg@guynnwaddell.com
christopherd@guynnwaddell.com
Counsel for Russell County School Board

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