Dixon v. United States of America

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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TARIK LONZY DIXON,
Plaintiff,
-against-
UNITED STATES OF AMERICA, et al.,
Defendants.
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MEMORANDUM & ORDER
20-CV-4660 (EK)(VMS)
ERIC KOMITEE, United States District Judge:
The Court has received Magistrate Judge Scanlon’s
Report and Recommendation (R&R) dated October 3, 2025. 	ECF No.
111. 	Judge Scanlon recommends that Plaintiff’s application for
approval of the parties’ proposed settlement be construed as a
motion for an infant compromise, and that the motion be denied
without prejudice. 	Neither party has filed objections 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, Plaintiff’s
application for approval of the proposed settlement is denied
without prejudice. 	Given their compliance with the other
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instructions, to renew their motion for an infant compromise,
the parties must comply with the following: Within 30 days of
the Court’s receipt of the letter stating that N.M.’s and A.G.’s
guardians, through counsel, will participate in the settlement
proceedings, the parties must file a renewed infant compromise
motion with, inter alia, the following additional information:
(1) a proposed allocation of the settlement funds between
Plaintiff’s wrongful-death claims and personal-injury claims;
(2) affidavits from the infants’ guardians or guardians ad
litem, as to the reasonableness of the proposed settlement,
including the allocation and distribution, in compliance with
N.Y. C.P.L.R. §§ 1207, 1208; (3) detailed information as to the
proposed distribution to each infant beneficiary; and (4) other
reasons why the proposed settlement is reasonable and should be
approved.
SO ORDERED.
/s/ Eric Komitee__________
ERIC KOMITEE
United States District Judge
Dated: 	December 17, 2025
Brooklyn, New York
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