4:25-cv-01640•Williams et al v. Ferguson et al
Gesamter Gesetzestext
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION DEIANDRA DENISE WILLIAMS, INDIVIDUALLY AND AS NEXT FRIEND OF T.B., A MINOR, Plaintiff, § § § § § § § § § § § § § v. CIVIL ACTION NO. 4:25-cv-1640 MONIQUE JUDYANN FERGUSON AND UNITED STATES POSTAL SERVICE, Defendants. MEMORANDUM AND RECOMMENDATION Before the Court1 is Plaintiff Deiandra Denise Williams, Individually and as Next Friend of T.B., a Minor, and Defendant United States of America (collectively, the “Parties”) Notice of Settlement and Request for Status Conference to Approve Settlement. (ECF No. 21). On or about November 25, 2022, Plaintiff and her minor child T.B. sustained injuries in a motor vehicle accident involving a U.S. Postal Service vehicle driven by one of Defendant’s employees. (ECF No. 1 at ¶¶ 9–10). Following the accident, Plaintiff brought this action against the United States pursuant to the Federal Tort Claims Act (“FTCA”). (Id. at ¶ 1). 1 This case was referred to the Undersigned for all purposes pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) and Federal Rule of Civil Procedure 72. (ECF No. 11). United States District Court Southern District of Texas ENTERED February 19, 2026 Nathan Ochsner, Clerk Case 4:25-cv-01640 Document 27 Filed 02/18/26 in TXSD Page 1 of 4
2 On January 28, 2026, the Parties notified the Court that they reached a settlement agreement and requested the Court hold a status conference to approve the settlement or set the requirements for such approval. (ECF No. 21 at 1); see St. John Stevedoring Co., Inc. v. Wilfred, 818 F.2d 397, 400 (5th Cir. 1987) (“[C]ourt approval is required to compromise and settle a minor’s claims.”). On February 11, 2026, the Court held a status conference with the Parties. At the hearing before the Undersigned, the proposed settlement agreement between Plaintiff and her minor child T.B. and Defendant was tendered to the Court.2 The Parties reached an agreement for a total payment of $23,000.00 in full and final settlement of all claims. Specifically, Plaintiff will receive a payment of $18,000.00 and her minor child T.B. will receive a payment of $5,000.00. After the 25% attorney’s fees reduction, attorney’s fees for Plaintiff are $4500.00 and $1000.00 for T.B. Plaintiff also owes $1,881.30 in expenses and T.B. owes $241.90 in expenses. Per Plaintiff’s counsel, after outstanding medical expenses are paid for both, Plaintiff will net $8,760.70 and T.B. will net $3,758.10. Plaintiff’s counsel further stated that Plaintiff was 2 Copies of the settlement agreements are attached to the filing of this Memorandum and Recommendation. (See ECF No. 27-1–27-2). Case 4:25-cv-01640 Document 27 Filed 02/18/26 in TXSD Page 2 of 4
3 informed of the settlement agreement and agrees that the agreement is fair, reasonable, and in the best interests of herself and her minor child T.B.3 There is no evidence of collusion between the parties, and the agreement appears to be in T.B.’s best interest given his injuries and relatively low outstanding medical bills. In addition, Plaintiff’s counsel advised that, after multiple physical therapy sessions, T.B. is recovered from his injuries and no additional treatment is required. Although the settlement is for a substantially lower amount than what was sought in the Complaint, the Government denied liability and raised several affirmative defenses. (See ECF No. 9). Given these circumstances, and after reviewing the proposed settlement agreement, the Court finds that T.B.’s interests have been properly protected, and that the proposed agreement is fair, reasonable, and in the best interests of the child. Based on the foregoing, the Court RECOMMENDS the settlement agreement be APPROVED. The Clerk shall send copies of this Memorandum and Recommendation to the respective parties who have fourteen days from the receipt thereof to file written objections thereto pursuant to Federal Rule of Civil Procedure 72(b) 3 The Court notes that minor child T.B. was represented by his mother who brought this action on their behalf. As such, the Court is not required to appoint a guardian ad litem. See FED. R. CIV. P. 17(c); Croce v. Bromley Corp., 623 F.2d 1084, 1093 (5th Cir. 1980). Case 4:25-cv-01640 Document 27 Filed 02/18/26 in TXSD Page 3 of 4
4 and General Order 2002-13. Failure to file written objections within the time period mentioned shall bar an aggrieved party from attacking the factual findings and legal conclusions on appeal. SIGNED in Houston, Texas on February 18, 2026. ______________________________ Richard W. Bennett United States Magistrate Judge Case 4:25-cv-01640 Document 27 Filed 02/18/26 in TXSD Page 4 of 4
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