McMorrow et al v. The Skating Club of Wilmington, Inc. et al

Filing 58

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 57 Report and Recommendations; The parties are instructed to enter a stipulation of dismissal in this matter, etc. Signed by Judge William H. Walls on 04/10/2019. (ek)

***TO BE FILED UNDER SEAL***
***NOT FOR PUBLICATION***
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

R.M., a minor by and through his Guardian ad Litem
SHAWN and DIANA MCMORROW;
And

ORDER

C.B., a minor by and through his Guardian ad Litem
Andrew and Stephanie Boulden,

17-cv-12799 (WHW)(CLW)

Plaintiffs,
V.

THE SKATiNG CLUB OF WILMiNGTON, INC.
and RESURFIX, INC.,
Defendants.
Wallsg Senior District Judge

In this case, Shawn and Diana McMorrow and Andrew and Stephanie Boulden brought an
action as guardians ad litem on behalf of minor Plaintiffs R.M. and CB. ECF No. 1 at

¶J 6-10.

Plaintiffs claimed that Defendants were proximately responsible for a defective Zamboni used
during a youth hockey game that caused dangerous carbon monoxide exposure to players, resulting
in injuries. Id. at

¶J 25-43.

The matter was settled in mediation on February

5th

2019. See ECF

No. 54. Magistrate Judge Waldor then conducted a “Friendly Hearing” in order to determine
whether the proposed settlement was in the best interest of the Plaintiffs, and made a Report and
Recommendation. See ECF No. 57 (“R&R”). The R&R considered the liability and damages at
hand in the case and was satisfied that the settlement amount each Plaintiff will receive from each
Defendant was fair and reasonable. Id. at ¶J 5-6. The R&R also found attorneys’ fees (25%) to be
reasonable. Id. It finally recommended that the settlements be approved.
This Court reviews the Report and Recommendation under 28 U.S.C.

§

636 and Local

Civil Rule 72.1. The Court “may accept, reject, or modify, in whole or in part, the findings or

NOT FOR PUBLICATION

recommendations made by the magistrate judge” and must “make a de novo determination of those
portions of the report or specified proposed findings or recommendations to which objection is
made.” 2$ U.S.C.

§ 636(b). See L. Civ. R. 72.1(c)(2). No objections have been raised to any part

of the Report and Recommendation.
The Court has reviewed the full record in this matter and finds that the Report and
Recommendation adequately develops the factual record and applies the correct legal standard.
“A ‘friendly’ hearing is a proceeding. .wherein the court reviews a settlement of a minor’s claims.”
.

A.S. v. Harrison Twp. Rd. ofEduc. &E. Greenwich Sch. Dist., No. CV 14-147, 2017 WL 1362025,
at *1 (D.N.J. Apr. 12, 2017). The R&R adequately considered Plaintiffs’ damages and Defendants’
liability and found that the settlement amount ($120,000 total for Plaintiff R.M. and $60,000 total
for Plaintiff C.B.), as well as the attorneys’ fees ($29,042.78 for the attorney for R.M. and
$14,042.78 for the attorney for C.B.), were fair and reasonable to the minors’ claims.
It is hereby ORDERED that the March 7, 2019 Report and Recommendation is
ADOPTED. The parties are instructed to enter a stipulation of dismissal in this matter.

DATE:

William H. Walls
Senior United States District Court Judge

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