Lemonier v. City of New York

District Court, E.D. New York

Lemonier v. City of New York

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK eee neem nnn SANDRA LEMONIER, individually and on behalf of her minor children, J.B. and J.M, and BILLY MALDONADO. JR.. ORDER Plaintiffs, 18-CV-1888 (NGG) (JO) -against- CITY OF NEW YORK and POLICE OFFICER LEONARD CLARKE, SHIELD NO. 27183, Defendants. ee eee nnn NICHOLAS G. GARAUFIS, United States District Judge. Plaintiffs Sandra Lemonier, individually and on behalf of her minor children J.B. and

J.M, and Billy Maldonado, Jr., bring this

42 U.S.C. § 1983

action against the City of New York

and Officer Leonard Clarke. (Compl. (Dkt. 1).) After reaching an amicable settlement

agreement, the parties submitted the agreement and a proposed infant compromise order for

court review and approval. (Mot. for Settlement Approval (Dkt. 26).) On January 3, 2019, the undersigned referred review and approval of the settlement and

infant compromise order to Magistrate Judge James Orenstein for a Report and Recommendation

(“R&R”). (Jan. 3, 2019 Order.) After conducting further proceedings, Judge Orenstein issued

an R&R concluding, pursuant to Loc. Civ. R. 83.2(a), that the settlement and compromise are

fair and reasonable. (Aug. 26, 2019 R&R). Judge Orenstein recommended the court grant the

parties’ motion for settlement approval and approve the proposed order of compromise. (Id.)

On August 27, 2019, Plainitiffs’ counsel filed a letter stating that neither Plaintiffs nor

Defendants have any objections to J udge Orenstein’s R&R. (Letter Mot. for Approval of Infant

Compromise (Dkt. 3 1).) The parties jointly requested that the court adopt the R&R and approve

the pending motion. (Id.)

Based on the parties’ representation that they have no objection to the R&R, the court

reviews the R&R for clear error. See, e.g., Charlot v. Ecolab, Inc.,

97 F. Supp. 3d 40, 46-47

(E.D.N.Y. 2015); La Torres v. Walker,

216 F. Supp. 2d 157, 159

(S.D.N.Y. 2000). Having found no clear error, the court ADOPTS IN FULL the R&R. Plaintiffs’ (Dkt. 26)

motion for approval of settlement and infant compromise is GRANTED, and the parties are

DIRECTED to file a stipulation of discontinuance.

SO ORDERED. 5/ NichalastegsQaraifis Dated: Brooklyn, New York NICHOLAS G. GARAUFI August 87, 2019 United States District Judge

Reference

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