Rivera et al v. City of New York et al

Filing 42

MEMORANDUM and ORDER ADOPTING REPORT AND RECOMMENDATION: No error, plain or otherwise, appears on the face of the Report and Recommendation. Accordingly, the Court adopts it without de novo review. A signed order approving the compromise will follow in due course. Ordered by Judge Frederic Block on 4/29/2019. (Innelli, Michael) Modified on 4/29/2019 (Innelli, Michael).

Case 1:17-cv-06674-FB-RER Document 39-1 Filed 04/02/19 Page 1 of 3 PageID #: 187

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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SELENA RIVERA; and F.R., an infant, by her mother and
natural guardian, LEE ANN HODGE,
Plaintiffs,
-againstTHE CITY OF NEW YORK, a municipal entity;
NYPD Officer HILTON JEANPIERRE, in his individual
capacity; NYPD Sgt. JULIO ALVAREZ, in his individual
capacity; NYPD Officer LAUREN HABER, in her
individual capacity; NYPD Sgt. BILAL ATES, in his
individual capacity; NYPD Officer JOHN DOE 1 (whose
name is presently unknown), in his individual capacity;
NYPD Officer JOHN DOE 2 (whose name is presently
unknown), in his individual capacity; NYPD Officer
JOHN DOE 3 (whose name is presently unknown), in his
individual capacity; NYPD Officer JOHN DOE 4 (whose
name is presently unknown), in his individual capacity;
and NYPD Officer JOHN DOE 5 (whose name is
presently unknown), in his individual capacity,

[PROPOSED AMENDED]
INFANT COMPROMISE
ORDER
17-cv-6674 (FB) (RER)

Defendants.
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The parties having agreed to the settlement of the infant plaintiff’s cause of action for the
sum of twenty-seven thousand five hundred dollars ($27,500), and it appearing that the best
interests of the infant will be served by said settlement, and that the infant was born on May 23,
2002; and
It appearing that all prerequisites of N.Y. C.P.L.R. §§ 1207 and 1208 have been met, for
good cause having been shown to dispense with any particular requirement of New York State
Law, pursuant to Local Civil Rule 83.2 of the United States District Court for the Eastern District
of New York,

Case 1:17-cv-06674-FB-RER Document 39-1 Filed 04/02/19 Page 2 of 3 PageID #: 188

NOW, on motion of Bernstein Clarke & Moskovitz, PLLC, attorneys for the infant
plaintiff, by Joshua S. Moskovitz, Esq., it is hereby
ORDERED, that Lee Ann Hodge, as mother and natural guardian of the infant petitioner,
be and hereby is authorized as empowered to settle and compromise the action herein in favor of
infant plaintiff, F.R., against defendants for the sum of twenty-seven thousand five hundred dollars
($27,500), and to execute and deliver a general release and an affidavit of liens, and to enter into
a settlement agreement to effect such compromise, and to sign all papers necessary in that
connection, and it is further
ORDERED, that out of the total sum of $27,500.00, Bernstein Clarke & Moskovitz,
PLLC, attorneys for infant plaintiff, are entitled to payment of $9,716.13, representing payment
for legal fees in connection with representing F.R. and reimbursement for F.R.’s proportional share
of the litigation costs herein, and it is further
ORDERED, that the balance of the settlement, to wit, seventeen thousand seven-hundred
and eighty-three dollars and eighty-seven cents ($17,783.87), shall be distributed as follows:
$17,783.87 shall be deposited into an interest-bearing account at an F.D.I.C.-insured bank, to be
opened in the guardian’s name in trust for the said infant of which the infant plaintiff, F.R., is the
sole beneficiary and Lee Ann Hodge as the trustee, upon the following conditions: (a) said bank
account shall be fully insured at all times, (b) said amount shall be deposited in an account having
the highest yield irrespective of whether it be a savings account, Certificate of Deposit, or other
form of time deposit, the date of maturity of said deposit shall not extend beyond the date when
said infant attains the age of eighteen (18) years, and upon maturity of said deposits, said funds
shall continue to draw interest at the highest available yield, and (d) no withdrawal from said

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Case 1:17-cv-06674-FB-RER Document 39-1 Filed 04/02/19 Page 3 of 3 PageID #: 189

account shall be permitted until the infant plaintiff reaches the age of eighteen (18) years, except
upon further order of this Court; and it is further
ORDERED, that all claims concerning the infant plaintiff are resolved by this settlement,
and it is further,
ORDERED, that this Court shall retain jurisdiction of this matter for the purpose of
enforcing the settlement agreements between the infant plaintiff and defendants as referenced
herein, and for the purpose of enforcing the settlement agreement between the infant plaintiff and
defendants as reference herein, and for the purpose of enforcing or determining any motions
concerning the enforcement or modification of this order.
IT IS FURTHER ORDERED AND ADJUDGED, that, to the extent necessary, the
depository will issue drafts payable to the Internal Revenue Service and the New York State Tax
Commission upon presentation of completed forms for future estimated Federal and State income
taxes for the infant, together with the depository’s passbook.

SO ORDERED

______________________________
Hon. Ramon E. Reyes

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