Martinez v. United States

Background

Plaintiffs’ counsel submitted a proposed order and supporting affidavits seeking approval of the portion of the parties’ settlement concerning the claims of minor children Valeria Martinez and Luis Martinez Jr. The request was made under Local Civil Rule 83.2(a) of the Southern and Eastern Districts of New York.

The court noted that it was familiar with the case because it had overseen discovery, decided the defendant’s motion to dismiss, and referred the matter to the court’s mediation program.

Court’s Analysis

The court reviewed the plaintiffs’ submissions and concluded that the settlement terms concerning Valeria Martinez and Luis Martinez Jr. were fair, reasonable, and in the children’s best interests. The court applied the standards used for approval of settlements involving children, including whether the children’s interests were protected and whether the settlement, including any legal fees and expenses, was fair and reasonable.

The court also concluded that an infant compromise hearing—a hearing that may be used to evaluate a proposed settlement involving a child—was not necessary. The submissions contained all the information needed to assess the proposed settlement.

Ruling

The court approved the proposed settlement terms concerning Valeria Martinez and Luis Martinez Jr. The signed infant compromise order, with its attached exhibit, was to be docketed separately. The opinion does not state the settlement amount or the terms governing the other plaintiffs’ claims.