Sloniger v. Deja et al

Filing 76

ORDER GRANTING Defendant, Siegmund Deja's 56 Motion for Approval of Infant and Wrongful Death Settlement and 75 Supplemental Motion for Settlement; FURTHER, Siegmund Deja is authorized to settle this action on infant's behalf; FURTHER, settlement of the infant's claim against the Defendants for the sum of $50,000 is APPROVED; FURTHER, attorney's fee of $7,500 shall be deducted from the infant's settlement proceeds by Byrne, Davis and Hicks, P.C.; FURTHER, i nfant Plaintiff's settlement proceeds shall be used strictly for the use and benefit of the infant, consistent with the German Civil Code (BGB) and FURTHER, Siegmund Deja is permitted and authorized to execute a general release to Defendants, if necessary, to settle the infant's claims. Signed by William M. Skretny, Chief Judge U.S.D.C. on 9/9/2011. (CMD)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
SUSAN REED, as Executrix of the Estate of Sharon
Sloniger,
Plaintiff,
v.

ORDER
09-CV-858S

SIGMUND DEJA, ROAD BEAR RV,
JJ MOTOR CARS, INC., CAMPER DREAMS, LLC,
ROAD BEAR INTERNATIONAL, LTD,
Defendants.

1.

On July 6, 2011, Defendant Siegmund Deja filed a Motion for Approval of

Infant and Wrongful Death Settlement on behalf S.D., an infant injured in the subject motor
vehicle accident. (Docket No. 56.) S.D. is not a party but the global settlement of the
current action includes pre-suit settlement of S.D.’s claims.
2.

On July 21, 2011, this Court determined that there was insufficient

information from which it could make the necessary findings under Local Rule 41 (a)(1) to
approve the infant settlement. (Docket No. 58.) It therefore directed that Defendant
Siegmund Dega supplement his motion. Supplemental information was thereafter filed in
further support of the motion. (Docket Nos. 60-69.) This information was inadequate,
however, and this Court again directed that supplemental information be provided. (Docket
No. 74.) On September 6, 2011, counsel for S.D. filed a Supplemental Motion for
Settlement with supporting exhibits. (Docket No. 75.)
3.

An action by or on behalf of an infant may not be settled or dismissed without

leave of this Court. See Local Rule 41 (a)(1)(A). The procedures for obtaining such leave
are set forth in Rule 41 (a)(1) of the Local Rules of Civil Procedure for the Western District

of New York, which in turn incorporates the applicable provisions of New York’s Civil
Practice Law and Rules (“CPLR”).
4.

Pursuant to those provisions, this Court finds that: (1) neither a hearing nor

the appearance of the infant is necessary; (2) the payment of reasonable attorney’s fees
and disbursements shall be taken from the infant settlement; (3) the distribution of the
settlement moneys shall conform with the German Civil Code (BGB);1 and (4) the infant
settlement and distribution of the settlement moneys is in the best interests of the infant.
See Local Rule 41 (a)(1).

IT HEREBY IS ORDERED, that Defendant Siegmund Deja’s Motion for Approval
of Infant and Wrongful Death Settlement (Docket No. 56) and the Supplemental Motion for
Settlement (Docket No. 75) are GRANTED.
FURTHER, that Siegmund Deja, the infant’s father, is authorized to settle this action
on the infant’s behalf.
FURTHER, that the settlement of the infant’s claim against the Defendants for the
sum of $50,000 is APPROVED.
FURTHER, that the attorney’s fees of $7,500 are reasonable and shall be deducted
from the infant’s settlement proceeds and payable to Byrne, Davis, and Hicks, P.C.
FURTHER, that the infant plaintiff’s settlement proceeds shall be used strictly for
the use and benefit of the infant, consistent with the German Civil Code (BGB).

1

The infant and the infant’s father are Germ an citizens and reside in Germ any.

2

FURTHER, that Siegmund Deja is permitted and authorized to execute a general
release to Defendants, if necessary, to settle the infant’s claims.
SO ORDERED.

Dated:

September 9, 2011
Buffalo, New York
s/William M. Skretny
WILLIAM M. SKRETNY
Chief Judge
United States District Court

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