PARKER v. BOROUGH OF RIDGEFIELD et al

Filing 68

REPORT AND RECOMMENDATIONS. Signed by Magistrate Judge Esther Salas on 9/23/2010 and REPORT AND RECOMMENDATIONS approved on 9/28/2010 signed by Judge Peter G. Sheridan(mn, )

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY NOT FOR PUBLICATION

:

Civil Action No. 08-3226 (PGS)

Plaintiff,
v. : REPORT AND RECOMMENDATION

BOROUGH OF RIDGEFIELD, RIDGEFIELD POLICE DEPARTMENT, JOHN BOGOVICH, ROBERT KATZ, JOSEPH CASTELLITTO, HAGOP CIGERIOCJOGLU, RICHARD BESSER, ROBERT WILLIAMS AND JULIAN BENITEZ Defendants.

SALAS, UNITED STATES MAGISTRATE JUDGE:

This matter having come before the Court by way of referral from the Hon. Peter G. Sheridan to conduct a "Friendly Hearing" in order to determine whether the proposed settlement with the Ridgefield Defendants is in the best interest of Plaintiff Bryan Parker, an individual with a mental disability. Having considered the Plaintiff's submission dated September 18, 2010; having heard the testimony by Mary Ellen Parker, guardian ad litem for Bryan Parker; and as more fully set forth and reflected in the transcript dated September 16, 2010, the Court makes the following report:

Dockets.Justia.com

MARY ELLEN PARKER, as guardian ad litem of BRYAN PARKER

__

1, Ms. Parker reviewed with her attorney, Stephen M. Latimer, Esquire, the strengths and weaknesses of her son's case, and indicated that she understood the potential problems surrounding the Plaintiff's claims against the Ridgefleld Defendants; 2. s. Parker understood that by settling the claims on behalf of her
son,

Bryan Parker,

that he would give up his rights to otherwise bring any actions with regards to this case against the Ridgefield Defendants; 3. Ms. Parker indicated that she has had enough time to sit down with her attorney, Mr. Latimer; 4. Ms. Parker indicated that she was satisfied with Mr. Latimer's representation of her son, Bryan Parker;
5. And having considered both the liability and damages aspects of this case, together

with the present condition of Bryan Parker, as well as the prognosis of his condition; 6. The undersigned is satisfied that the overall settlement as outlined by Mr. Latimer on the record is fair and reasonable and that it adequately protects the interests of Bryan Parker. Based upon the foregoing, and based upon the transcript of the proceeding on September 16, 2010, it is on this
rd 23

day of September, 2010, recommended to the United States District

Judge that Bryan Parker's settlement with the Ridgefield Defendants be

Et1ëiSalas UNITED. TATE Ap7ve±

AGISTRATE JUDGE

Peter G. Sheridan LNITED STATES DISTRICT JUDGE

A

ate