Paramo et al v. The City of New York et al

Filing 72

ORDER for 70 Report and Recommendations: Having reviewed the Report, the Court finds that the factual and legal bases underlying the Report are not clearly erroneous or contrary to law. Therefore, the Court ADOPTS the Report in its entirety as the decision of the Court. Accordingly, the Court finds the settlement reached on behalf of the infant plaintiffs to be fair and reasonable and hereby approves the settlement agreement without an infant compromise hearing. The claims against the City Def endants and the St. Dominic's Defendants are hereby DISMISSED with prejudice, and the claims against the Unserved Defendants are hereby DISMISSED without prejudice. The Clerk is directed to close this case. (Signed by Judge Lorna G. Schofield on 1/22/2014) (lmb)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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:
MARIA PARAMO, et al.,
:
Plaintiffs,
:
:
-against:
:
THE CITY OF NEW YORK, et al.,
:
Defendants. :
:
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01/22/2014

12 Civ. 03583 (LGS)
ORDER

LORNA G. SCHOFIELD, District Judge:
Before the Court is the Report and Recommendation of Magistrate Judge Netburn (Dkt.
No. 70) (“Report”), recommending (1) that the Court find the settlement reached on behalf of the
infant plaintiffs to be fair and reasonable; (2) that the parties’ proposed settlement agreement be
approved without an infant compromise hearing; (3) that the Court dismiss the claims against the
City of New York, New York City Department of Social Services, New York City Bureau of
Child Welfare, the Administration for Children’s Services, Amanda Cardona, Robin Ajuba and
Ms. Beverage (the “City Defendants”) and against St. Dominics, Linda Echo and Ms. Castillo
(the “St. Dominic’s Defendants”) with prejudice; and (4) that the Court dismiss the claims
against Norma Santiago, Robert No. 1 and Robert No. 2 (the “Unserved Defendants”) without
prejudice. For the reasons stated below, the Court adopts the Report in its entirety.
I.

Background

Plaintiffs Maria Paramo and Agustin Lopez, acting as legal guardians for their infant
daughters Crystal, Catherine, and Destiny as well as on their own behalf, brought this action
under state and federal law, alleging that the defendants unlawfully removed the infant plaintiffs
from the parents’ home, leading to the sexual assault of one or more of the infant plaintiffs while
in foster care. Plaintiffs filed a complaint on May 7, 2012.

A settlement conference was held on November 18, 2013. On November 22, 2013, the
parties confirmed that an agreement had been reached, and on December 16, 2013, plaintiffs
filed a motion for approval of the settlement agreement. In support of the motion, plaintiffs
submitted an affirmation from Mr. Shaw, counsel for plaintiffs, and affidavits from Ms. Paramo
and Mr. Lopez. Plaintiffs propose to settle all of the claims against the City Defendants and the
St. Dominic’s Defendants for the sum of $25,000.
On January 2, 2014, Judge Maas issued the Report. No objection to the Report was filed.
II.

Discussion

A district court reviewing a magistrate judge’s report and recommendation “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)(C). The district court “may adopt those portions of the report to
which no specific, written objection is made, as long as the factual and legal bases supporting the
findings and conclusions set forth in those sections are not clearly erroneous or contrary to law.”
Adams v. New York State Dep’t of Educ., 855 F. Supp. 2d 205, 206 (S.D.N.Y. 2012) (internal
quotation marks omitted) (citing Fed. R. Civ. P. 72(b); Thomas v. Arn, 474 U.S. 140, 149
(1985)).
Having reviewed the Report, the Court finds that the factual and legal bases underlying
the Report are not clearly erroneous or contrary to law. Therefore, the Court ADOPTS the
Report in its entirety as the decision of the Court. Accordingly, the Court finds the settlement
reached on behalf of the infant plaintiffs to be fair and reasonable and hereby approves the
settlement agreement without an infant compromise hearing. The claims against the City

2

Defendants and the St. Dominic’s Defendants are hereby DISMISSED with prejudice, and the
claims against the Unserved Defendants are hereby DISMISSED without prejudice. 1
The Clerk is directed to close this case.
SO ORDERED.
Dated: January 22, 2014
New York, New York

1

The claims against Episcopal Social Services of New York (“ESS”) were previously withdrawn. To the extent not
already reflected in the record, the claims against ESS are hereby dismissed with prejudice.

3