Order | Filed: February 26, 2025
Gonzalez v. United States of America
Personal Inj. Med. Malpractice | New York Southern
Order
ORDER OF COMPROMISE: it is hereby ORDERED, that pursuant to Rule 83.2(b) of the Local Civil Rules of the Southern and Eastern Districts of New York and Section 5-4.6 of the New York Estates, Powers and Trust Law, Plaintiff JANET GONZALEZ, as Admin istratrix herein, be and hereby is authorized and empowered to settle and compromise the cause of action for the decedent's ESTATE for the total sum of FOUR HUNDRED THOUSAND ($400,000.00) DOLLARS, said sum to be paid by Defendant UNITED STA TES OF AMERICA within thirty (30) days after execution and entry of this Order of Compromise and the delivery to counsel for Defendant, of documents necessary to consummate the settlement and obtain the proceeds thereof as set forth herein, and it is further, ORDERED, that the Plaintiff is hereby permitted to execute and deliver to counsel for Defendant, a Stipulation of Compromise Settlement and General Release, W-9 Form executed by Plaintiff's counsel, and Stipulation of Dismissal with Pr ejudice and any other documents necessary to consummate settlement and obtain the proceeds thereof to effectuate the settlement herein, and it is further, ORDERED, that the Plaintiff's attorneys fees and disbursements are hereby fixed an allowe d as follows: FIVE THOUSAND FOUR HUNDRED AND EIGHT and 37/100 ($5,408.37) DOLLARS for reimbursement of costs and disbursements incurred in the prosecution of this case and a legal fee in the sum of SEVENTY EIGHT THOUSAND, NINE HUNDRED and EIGHTE EN and 33/100 ($78,918.33) DOLLARS to Plaintiff's counsel, BLOOMBERG, STEINBERG & BADER for their legal services and disbursements rendered in accordance with the retainer agreement; and it is further, ORDERED, that pursuant to Section 5-4. 6(a)(1) of the New York Estates, Powers and Trust Law, Plaintiff's counsel BLOOMBERG, STEINBERG & BADER is hereby permitted to collect the balance of the proceeds of the settlement remaining after the payment of the attorneys' fees and di sbursements, in the sum of 315,673.30 and to deposit same in an interest bearing escrow account for the benefit of the decedent's Estate pending a further Decree from the Surrogate's Court in regard to the maintenance, allocation and distri bution of said funds, and it is further, ORDERED, that upon submission to this Court of proof of submission of a petition for allocation and distribution in the Surrogate's Court on behalf of the decedent's estate, Plaintiff's attorn eys may draw a check out of the settlement proceeds being held in the aforesaid escrow account, in the sum of $84,326.70, the full amount of the attorneys' fees and disbursements, and it is further, ORDERED, that pursuant to Section 5-4.6(a )(3) of the New York Estates, Powers and Trust Law, Plaintiff's counsel BLOOMBERG, STEINBERG & BADER shall continue to serve as attorney for the Estate until the entry of a final Decree in the Surrogate's Court; and it is further, ORDERED, that the giving of a Bond, or other security, in connection therewith, be dispensed with. SO ORDERED. (Signed by Judge Analisa Torres on 2/26/2025) (ar) Transmission to Finance Unit (Cashiers) for processing.