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

Filing 31

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 25 Report and Recommendations FOR INFANT COMPROMISE ORDER. Upon the Report and Recommendation the Honorable Michael H. Dolinger, it is ORDERED that JERMAINE BROWN., the father and natural guardian of th e infant Alshante Baker, be and is hereby authorized and empowered to settle the action of the infant plaintiff against the defendants City of New York, et al for the sum of $15,000 (FIFTEEN THOUSAND DOLLARS), and conditioned upon compliance wit h the following provisions, to execute and deliver a general release and to sign all the papers necessary to accomplish this settlement, and it is further ORDERED, that out of the said sum the defendant, City of New York, is authorized and directed t o pay to Steven Hoffner, Esq., attorney for the infant plaintiff herein, the sum of $4,986 as his 213 contingency fee pursuant to the retainer, and pay to Steven Hoffner, Esq. the sum of $1,500 as for his fee for legal representation in Bro nx Family Court, plus disbursements in the sum of $42 for a total of $6,528 (SIX THOUSAND FIVE HUNDRED TWENTY EIGHT DOLLARS AND NO CENTS) and it is further ORDERED, that the infant's funds, $8,472 (EIGHT THOUSAND FOUR HUNDRED SEVE NTY TWO DOLLARS AND NO CENTS) shall be received by Jermaine Brown, in trust for Alshante Baker, jointly with an officer of Citibank, on behalf of infant Alshante Baker; ORDERED, that said depository is authorized and directed to maintain said funds o f deposit in said depository yielding the highest direct return to the infant, providing that said funds shall be in such a form that it will not be available to said infant until she reaches the age of majority, and it is further ORDERED, that the a ttorney for plaintiff shall serve a copy of this Order upon said depository and shall arrange for the deposit of the funds within ninety (90) days from the date hereof or within thirty (30) days of the receipt of the proceeds of the settlement from t he defendants, whichever is earlier. Said funds shall be deposited in the above bank in the name of the parent and natural guardian for the sole use and benefit of the infant, in accounts paying the highest rate of interest available. Time deposit ac counts shall be subject to renewal upon maturity at the discretion of the parent, except that the date of maturity shall not extend beyond the date when said infant attains the age of 18 years on August 23, 2015. No withdrawals shall be made from sai d accounts before the infant turns 18 years old, except upon further order of this Court, and it is further ORDERED, that said depository shall, upon the infant's demand therefor, and without further order of this Court, pay over to the infant the funds when she reaches the age of 18 years, upon presentation of proper proof, and it is further ORDERED, that the filing of a bond herein be dispensed with. (Signed by Judge Shira A. Scheindlin on 11/20/2013) (rsh)

Case 1: 13-cv-00982-SAS Document 16

Filed 10/30/13 Page 1 of 3

13 CV 0982 (SAS)(MHD)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

----------------------------------------------------------------------------------)(
SHARIA GADDY, JODECI GADDY, KADAJAH STEWART,
LAKEATH BERRIAN, DONELL WILLIAMS, TRINA
STEPHENSON, individually and as the mother and natural guardian
of infant MONTANA STEPHENSON, CHARLENE WILLIAMS,
individually and as the mother and natural guardian of infant
KEVIN WILLIAMS, MONIQUE WILLIAMS, as mother and natural
guardian of infant SHANIC WILLIAMS, JERMAINE BROWN as the
legal guardian of infant ALSHANTE BAKER, DAWN TYLER,
as mother and natural guardian of infant JAHLEEL BROWN, and
JEROME BROWN, as legal guardian of infant SHAIRE BARLEY,

INFANT
COMPROMISE
ORDER

Plaintiffs,

, Ql)CSONY

-againstTHE CITY OF NEW YORK, N.Y.C. POLICE
SERGEANT JUNIO ACOSTA,N.Y.C. POLICE
OFFICER JULIAN MARTINEZ, SHIELD # 10673,
N.Y.C. POLICE OFFICER KIM CRUSE, SHIELD #1 1030,
N.Y.C. POLICE OFFICER DENISE DIAZ, SHIELD #00175,
AND POLICE OFFICERS "JOI-IN DOE (1)-(10)",

EACH SUED INDIVlDUALL Y AND TN

THEIR OFFICIAL CAPACITY,

DOClJMENT

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JJ'U\... ....

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Defendants.

---------------------------------------------------------------------------------)(
Upon the

£~rtr~~e~m~Jfe{e'ii_hD Q:£f the

Honorable Michal H.

DOliinger)elt,}2g, 2013, at the United States Courthouse, Eastern District of New York,
-located at ')25 Cagman Plaza East. Brookl) n, New York,

tiI'H'lR

speaking to various Plaintiffs­

OOOl:lt the ineiaent in question on that date, upon the affidaYit of JERMAINE

BROl"VN, the

--guardian of the iftfant Plaintiff ALSHANTE BAKER; UpOft the affimuttion of SteveIl
IlotTner, Escr.; alld it appearing that the best illterests of tlte infaMt plaintiffs will be Set ved, it ­

ORDERED, that JERMAINE BROWN., the father and natural guardian of the infant

.~

Case 1: 13-cv-00982-SAS Document 16

Filed 10/30/13 Page 2 of 3

Alshante Baker, be and is hereby authorized and empowered to settle the action of the infant
plaintiff against the defendants City of New York, et aL for the sum of $15,000 (FIFTEEN
THOUSAND DOLLARS), and conditioned upon compliance with the following provisions,
to execute and deliver a general release and to sign all the papers necessary to accomplish this
settlement, and it is further
ORDERED, that out of the said sum the defendant, City of New York, is authorized
and directed to pay to Steven Hoffner, Esq., attorney for the infant plaintiff herein, the sum of
$4,986 as his 213 contingency fee pursuant to the retainer, and pay to Steven Hoffner, Esq.
the sum of $1,500 as for his fee for legal representation in Bronx Family Court, plus
disbursements in the sum of $42 for a total of $6,528 (SIX THOUSAND FIVE HUNDRED
TWENTY EIGHT DOLLARS AND NO CENTS) and it is further
ORDERED, that the infant's funds, $8,472 (EIGHT THOUSAND FOUR HUNDRED
SEVENTY TWO DOLLARS AND NO CENTS) shall be received by Jermaine Brown, in
trust for Alshante Baker, jointly with an officer of Citibank, on behalf of infant Alshante
Baker;
ORDERED, that said depository is authorized and directed to maintain said funds of
deposit in said depository yielding the highest direct return to the infant, providing that said
funds shall be in such a form that it will not be available to said infant until she reaches the
age of majority, and it is further
ORDERED, that the attorney for plaintiff shall serve a copy of this Order upon said
depository and shall arrange for the deposit of the funds within ninety (90) days from the date
hereof or within thirty (30) days of the receipt of the proceeds of the settlement from the
defendants, whichever is earlier. Said funds shall be deposited in the above bank in the name
2

Case 1: 13-cv-00982-SAS Document 16

Filed 10/30/13 Page 3 of 3

of the parent and natural guardian for the sole use and benefit of the infant, in accounts paying
the highest rate of interest available. Time deposit accounts shall be subject to renewal upon
maturity at the discretion of the parent, except that the date of maturity shall not extend
beyond the date when said infant attains the age of 18 years on August 23, 2015. No
withdrawals shall be made from said accounts before the infant turns 18 years old, except
upon further order of this Court, and it is further
ORDERED, that said depository shall, upon the infant's demand therefor, and without
further order of this Court, pay over to the infant the funds when she reaches the age of 18
years, upon presentation of proper proof, and it is further
ORDERED, that the filing of a bond herein be dispensed with.

Dated:

ENTER:_~~_~--I-~~:::':::::::===-_____

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