- 15 - To accomplish these goals, the settlement document did not require any specific allocation to specific plaintiffs but left allocation and distribution up to plaintiffs' counsel. Paragraph 2(c) of the settlement agreement provides as follows: (c) Without reference to and without affecting the allocation or distribution of the Settlement Payment among the various parties plaintiff, the Settlement Payment [$20 million] shall be attributed as follows: (i) Six Hundred Seventy-one Thousand Thirty-Four Dollars ($671,034.00) shall be attributed to the so-called "direct" cause of action in the Milk Producers Complaint for negligent interference with contractual relationship (the fourth cause of action); and (ii) Nineteen Million Three Hundred Twenty-eight Thousand Nine Hundred Sixty-six Dollars ($19,328,966.00) shall be attributed to the so-called "direct" cause of action in the Milk Producers complaint for negligent infliction of emotional distress (the eighth cause of action); (iii) Nothing shall be attributed to any of the other causes of action in the Milk Producers Complaint or to any cause of action in the Danish Creamery complaint. [Emphasis added.] Neither the Bank Defendants nor the milk producers wanted to settle on any basis relating to the contracts between Knudsen and the milk producers. The banks consistently denied any liability on the contracts, and plaintiffs wanted to retain their direct claims for nonpayment of milk against the bankruptcy estate. Moreover, such a settlement would have required the bankruptcyPage: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011