N.S. v. NEW YORK CITY DEPARTMENT OF EDUCATION and MELISSA AVILES-RAMOS

Background

The parties submitted a proposed settlement and stipulation for approval, along with declarations from N.S. and her counsel. Because the case involved a minor’s claims, the court was required to approve the settlement before it could take effect under the Southern District of New York’s local rule governing settlements on behalf of children.

Legal standard

The court explained that it generally follows New York procedures for approving a minor’s settlement. The court considers whether the settlement is in the child’s best interest and whether the proposed attorneys’ fees and costs are reasonable. A settlement is strongly presumed to be fair and reasonable when it was reached through non-collusive, arm’s-length negotiations, experienced counsel participated, and counsel had enough information to negotiate intelligently.

Court’s findings

The court found that the proposed $100,000 settlement was in N.S.’s best interest. It found the attorneys’ fees reasonable because counsel waived the right to seek attorneys’ fees and costs, meaning N.S. would receive the full settlement amount. The court also found no indication of collusion and stated that experienced counsel negotiated at arm’s length under the direct supervision of the presiding magistrate judge.

Order

The court authorized Katherine Jeffery, as N.S.’s mother and natural guardian, to settle and compromise N.S.’s claims against the defendants for $100,000 and to sign documents necessary to complete the settlement. It ordered that the settlement be deposited into an interest-bearing custodial account opened for N.S.’s benefit at a federally insured bank. The court further ordered that all claims concerning N.S. against the defendants were resolved by the settlement.