Garcia et al v. United States of America

Filing 56

ORDER adopting 55 REPORT AND RECOMMENDATIONS re 54 Amended MOTION to Amend/Correct the First Unopposed Motion for Approval of Minor's Settlement filed by Cassandra Drake, 48 Unopposed MOTION for Settlement Approval< /i> filed by Yoandry Garcia. The Report and Recommendation [55) is ACCEPTED and ADOPTED and the findings incorporated in this Order. The Unopposed Motion for Approval of Minor's Settlement 48 (sealed); 50 (redacted)) is DENIED as moot. The Amended Unopposed Motion for Approval of Minor's Settlement 54 is GRANTED. The Stipulation for Compromise Settlement and Release (Doc. 54-1 at 1-21) and Irrevocable Reversionary Inter Vivos Grantor Medical Care Trust for the Benefit of [A.G.] (Doc. 54-1 at 22-54) are reasonable, fair, and in the best interests of A.G., a minor. The Court will enter the parties' proposed Order Approving Settlement on Behalf of Minor under separate cover. Signed by Judge Sheri Polster Chappell on 2/13/2018. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
YOANDRY GARCIA and CASSANDRA
DRAKE, individually and as natural
guardians of AG
Plaintiffs,
v.

Case No: 2:16-cv-168-FtM-38MRM

UNITED STATES OF AMERICA,
Defendant.
/
OPINION AND ORDER1
This matter comes before the Court on United States Magistrate Judge Mac R.
McCoy’s Report and Recommendation. (Doc. 55). Judge McCoy recommends granting
the Amended Unopposed Motion for Approval of Minor’s Settlement (Doc. 54) and
denying as moot the original Unopposed Motions (Doc. 48; Doc. 50). No party objects to
the Report and Recommendation, and the time to do so has expired. This matter is ripe
for review.
A district judge “may accept, reject, or modify in whole or in part, the findings or
recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1). The district
judge “shall make a de novo determination of those portions of the report or specified
proposed findings or recommendations to which objection is made.” Id. “The judge may

1

Disclaimer: Documents filed in CM/ECF may contain hyperlinks to other documents or websites. These
hyperlinks are provided only for users’ convenience. Users are cautioned that hyperlinked documents in
CM/ECF are subject to PACER fees. By allowing hyperlinks to other websites, this Court does not endorse,
recommend, approve, or guarantee any third parties or the services or products they provide on their
websites. Likewise, the Court has no agreements with any of these third parties or their websites. The
Court accepts no responsibility for the availability or functionality of any hyperlink. Thus, the fact that a
hyperlink ceases to work or directs the user to some other site does not affect the opinion of the Court.

also receive further evidence or recommit the matter to the magistrate judge with
instructions.” Id.
After examining the file independently, and upon considering Judge McCoy’s
findings and recommendations, the Court accepts and adopts the Report and
Recommendation.
Accordingly, it is now
ORDERED:
(1) The Report and Recommendation (Doc. 55) is ACCEPTED and ADOPTED
and the findings incorporated in this Order.
(2) The Unopposed Motion for Approval of Minor’s Settlement (Doc. 48 (sealed);
Doc. 50 (redacted)) is DENIED as moot.
(3) The Amended Unopposed Motion for Approval of Minor’s Settlement (Doc. 54)
is GRANTED.
(4) The Stipulation for Compromise Settlement and Release (Doc. 54-1 at 1-21)
and Irrevocable Reversionary Inter Vivos Grantor Medical Care Trust for the
Benefit of [A.G.] (Doc. 54-1 at 22-54) are reasonable, fair, and in the best
interests of A.G., a minor.
(5) The Court will enter the parties’ proposed Order Approving Settlement on
Behalf of Minor under separate cover.
DONE and ORDERED in Fort Myers, Florida this 12th day of February 2018.

Copies: All Parties of Record

2