IN THE CIRCUIT COURT OF DEKALB COUNTY, ALABAMA
CASE NO:
CV-2009-000248.00
Mince, Jeanette,
Plaintiff,
V.
Defendant.
Order
This matter comes before the Court for status hearing. Appearing before the Court are Fairley McDonald, representing Commissioner of the State Department of Insurance, Charles M. Scott and Susan Hayes, representing some of the claimants and J. David Dodd, representing other claimants in this action. Presently the Circuit Clerk of DeKalb County, Alabama has on deposit the sum of $57,964.52 from the sale of real property, cemetery plots and mausoleum spaces.
The Court desires that proceeds be paid pro-rata to the claimants based on each claimant’s expenditure of funds for goods and services from Mountain View Memorial Gardens & Mausoleum. Keary Chandler is hereby appointed Special Master by the Court to determine the amount of each claimant’s claim for goods or service they have not or will not receive on account of the dissolution of Mountain View Memorial Gardens & Mausoleum. A claimant’s purchase of a burial plot will be honored and for this reason, the Special Master will not compensate claimants for any burial plot expenditure. The Special Master shall only compensate claimants to the exyent that they actually expended funds with Mountain View Memorial Gardens & Mausoleum.
Attorneys Susan Hayes and David Dodd will review all claims filed and present such claims to The Special Master within the next twenty-eight (28) days. The Special Master shall review all eligible claims, determine the amount so qualifying for reimbursement and shall pro-rate the amont of the claims based on the money held by the Clerk. The Special Master shall prepare and file with the Court a report stating the name of each claimant, the address of each non-represented claimant, the total amount of each qualifying claim and the pro-rated amount to be paid by the Clerk.
The Special Master shall receive up to $1,500.00 as
compensation for his service to the claimants. In order to maximize the sum to be awarded to the claimants, no other costs or fees shall be deducted from the sum on the deposit with the Clerk, including any claim for attorney’s fees and costs. Each claimant shall pay his or her attorney as agreed or contracted. With regard to claimants represented by attorneys in this matter, the Clerk may issue all funds to the represented claimant’s attorney with confirmation of their representation on record in the case, or by checks payable to the party and the attorney delivered to the said attorney.
Done this 3rd day of May, 2018.
/s/ Shaunathan C. Bell,
Circuit Judge
Publish: May 10, May 17, May 24 and May 31, 2018.
Mountain Valley News