Williams et al v. Ferguson et al

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
DEIANDRA DENISE WILLIAMS,
INDIVIDUALLY AND AS NEXT
FRIEND OF T.B., A MINOR,
Plaintiff,
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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
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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).
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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).
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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
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