Meyers et al v. United States of America

Filing 23

ORDER granting 21 Motion for approval of minor's settlement and the Settlement Agreement and Release (Doc. 21-2) is APPROVED. Adopting Report and Recommendations re 22 Report and Recommendations. This case is Dismissed with Prejudice. The Clerk shall close this case. Signed by Judge Carlos E. Mendoza on 9/29/2014. (DJD)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

JOHN MEYERS and BILLIE JEAN
MEYERS,
Plaintiffs,
v.

Case No: 6:13-cv-1555-Orl-41TBS

UNITED STATES OF AMERICA,
Defendant.
/
ORDER
THIS CAUSE is before the Court on Plaintiffs’ Petition for Approval of Minor’s
Settlement; To Authorize and Direct Payment of Settlement Funds, Attorney’s Fees and
Litigation Costs; and To Authorize Execution of Settlement Agreements.1 (Doc. 21). The United
States Magistrate Judge has submitted a report recommending that the Motion be granted. (Doc.
22).
After an independent de novo review of the record in this matter, and noting that no
objections were timely filed, the Court agrees entirely with the findings of fact and conclusions
of law in the Report and Recommendation. Therefore, it is ORDERED as follows:
1. The Report and Recommendation (Doc. 22) is ADOPTED and CONFIRMED and
made a part of this Order.
2. Plaintiff’s Petition for Approval of Minor’s Settlement (Doc. 21) is GRANTED, and
the Settlement Agreement and Release (Doc. 21-2) is APPROVED.

1

On July 22, 2014, this Court entered an Order dismissing this case without prejudice subject to
the right of any party within sixty days to re-open the action upon good cause. (Doc. 20).
Therefore, Plaintiffs’ Motion will additionally be construed as a Motion to Re-Open.

Page 1 of 2

3. Upon the approval of the Probate Court, Hig h Stack Gordon Kirby sh distribut the
f
hall
te
proceeds of the Se
ettlement Ag
greement t o the Wells Fargo re
estricted acc
count
ment procee of JWM’s settlement with the Brevard Co
eds
ounty
containing the settlem
School Board.
4. Plaintiffs shall execu all nece
ute
essary instru
uments to complete th settlemen on
he
nt
JWM’s behalf and shall distribu the pro ceeds in accordance wi the Prop
s
ute
ith
posed
Settlement and Cost Statement (D 21-3).
S
Doc.
5. This case is DISMISSED with prejudice. Th Clerk sha close this case.
he
all
DONE and ORDERED in Orlando, Florida on S
September 29, 2014.

Copies furnished to:
Counsel of Record

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age