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S.D.N.Y.Procedural orderFiled July 24, 2020

Elmrharri v. Marriott International, Inc.

Judge
Lewis Liman
Docket
1:20-cv-00325
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureFamily
In one sentence

In Elmrharri v. Marriott International, Inc., Judge Liman ordered more information before reviewing a proposed settlement involving A.E.

Who this affects

Plaintiffs’ counsel was required to provide the missing medical report and information about time spent and attorney compensation; the proposed settlement involving A.E. remained unresolved in this order.

What happened

In Elmrharri v. Marriott International, Inc., the parties submitted a proposed settlement for A.E., represented by Evelyn Elmrharri as A.E.’s mother and natural guardian. The submission referred to a medical report but did not include it.

The court also found that the affidavit from the plaintiff’s lawyer did not state the hours worked or provide information needed to evaluate the proposed compensation and attorney fees. The court directed the lawyer to provide that information within 14 days.

Judge Lewis J. Liman issued the order on July 24, 2020. The order did not approve or reject the proposed settlement; it required additional materials and information.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Elmrharri v. Marriott International, Inc. · No. 1:20-cv-00325
Judge
Lewis Liman
Date
July 24, 2020

Background

On July 8, 2020, the parties submitted a proposed infant compromise order, meaning a proposed settlement involving A.E. The submission referred to a medical report but did not attach the medical or hospital report required by New York law.

Missing Information

The affidavit from plaintiffs’ counsel also did not state the number of hours spent on the matter or provide information that would allow the court to evaluate suitable compensation and the value of the legal services. The court cited a prior related decision stating that, when reviewing an infant settlement, it must independently evaluate the proposed attorney compensation rather than simply accept the parties’ contingency-fee agreement.

Ruling

The court directed plaintiffs’ counsel to submit the requested information within 14 days of the order. The order did not state that the proposed settlement was approved or rejected. Judge Lewis J. Liman entered the order on July 24, 2020.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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