Esther Canales, individually and as Mother and Natural Guardian of Infant, E.O.M. v. United States of America et al.

Summary

The United States District Court for the Eastern District of New York adopted a magistrate judge’s Report and Recommendation concerning disbursements from an infant’s settlement trust. The court approved funds for a vehicle and insurance, trustee commissions, and attorneys’ fees, denied approval of prospective commissions without a court order, and directed that the case be closed.

Holdings

1. When no party objects to a magistrate judge's Report and Recommendation, the district court reviews the recommendation for clear error on the face of the record.
2. The court adopted the R&R and authorized disbursements of up to $55,000 for the purchase of a 2025 M2PV4H Sprinter Van, $4,303.04 per year for its insurance, trustee commissions totaling $30,506.73 for 2023 and $31,305.12 for 2024, and $9,125 in attorneys' fees for the real-property purchase.
3. Prospective trustee commissions were not approved absent a court order.

Questions Presented

1. Whether the magistrate judge's recommendations concerning disbursement of E.O.M. Settlement Trust funds contained clear error on the face of the record.
2. Whether the co-trustees could be authorized to use trust funds for a vehicle, vehicle insurance, trustee commissions, and attorneys' fees related to the real-property purchase.
3. Whether prospective trustee commissions could be approved without a further court order.

Disposition

other