Canales v. United States of America et al

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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ESTHER CANALES, individually and as
Mother and Natural Guardian of
Infant, E.O.M.,
Plaintiff,
-against-
UNITED STATES OF AMERICA et al.,
Defendants.
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MEMORANDUM & ORDER
19-CV-834(EK)(VMS)
ERIC KOMITEE, United States District Judge:
The Court has received Magistrate Judge Scanlon’s
Report and Recommendation (R&R) dated November 7, 2025. 	ECF No.
97. 	Esther Canales, Chris Mayen, and Midland Trust Company
(together, “Petitioners”), co-trustees for the E.O.M. Settlement
Trust (the “Trust”), seek disbursement of funds from the Trust.
ECF No. 90. 	Earlier this year, the Court granted this motion in
part, approving the purchase of real property. 	ECF No. 95.
Judge Scanlon now recommends that the Court grant the motion to
disburse funds to purchase a vehicle and vehicle insurance (but
not maintenance costs), to pay Petitioners commission for
serving as trustees, and to pay attorneys’ fees for Petitioners’
counsel in the real property purchase. 	R&R 5. 	She also
recommends that the Court deny the motion for approval of
prospective commissions without a court order. 	Id. 	No parties
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have objected, and the time to do so has expired. 	Accordingly,
the Court reviews Judge Scanlon’s recommendation for clear error
on the face of the record. 	See Fed. R. Civ. P. 72(b) advisory
committee’s note to 1983 addition; accord State Farm Mut. Auto.
Ins. Co. v. Grafman, 968 F. Supp. 2d 480, 481 (E.D.N.Y. 2013).
Having reviewed the record, I find no error and
therefore adopt the R&R in its entirety. 	Thus, the application
to disburse up to $55,000.00 from the Trust to purchase a 2025
M2PV4H Sprinter Van is granted, as is the application to
disburse $4,303.04 per year to pay for its insurance.
Petitioners are awarded commissions in the total amounts of
$30,506.73 for 2023 and $31,305.12 for 2024, and Robert Legal
Group, PLLC is awarded attorneys’ fees of $9,125.00 in
distributions from the Trust. 	The motion is otherwise denied.
The Clerk of Court is respectfully directed to close this case.
SO ORDERED.
/s/ Eric Komitee__________
ERIC KOMITEE
United States District Judge
Dated: 	December 18, 2025
Brooklyn, New York
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