- 12 - All of the coordinated lawsuits were assigned to Judge Jack Tenner. The Milk Producers Settlement On July 30, 1990, Judge Tenner held a settlement hearing on the milk producers action. The parties orally stipulated that all causes of action alleged in the milk producers complaint be dismissed, except for negligent infliction of emotional distress. The Bank Defendants would pay $20 million as payment in full for that cause of action. Judge Tenner specifically found, on the record, that the claims pending in the Knudsen bankruptcy proceeding were "for the production and delivery of milk which was not paid for", and that the settlement in the milk producers action did not affect the rights of plaintiffs to receive payment elsewhere for the lost milk. The judge then added: The Court has been with this litigation for some time and has read all of the allegations, and finds that the negligent infliction of emotional distress is a much more serious claim as far as the individual farmers are concerned; and, therefore, that would be the basis of the allocation, plus my familiarity with file cabinets full of paper in this lawsuit. Judge Tenner also stated his understanding that the settlement 6(...continued) reorganization was finally confirmed and effected, the lawsuits would be finally dismissed with prejudice. The record does not reflect whether or when the cases were actually dismissed with prejudice.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011