DiCiccio v. Carnival Corporation

1
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
MIAMI DIVISION
CASE NO.: 1:24-cv-22548-DPG
DESTINY DiCICCIO, as mother
and natural guardian of
A.O., a minor,
Plaintiffs,
v.
CARNIVAL CORPORATION,
Defendant.
___________________________/
ORDER APPROVING MINOR SETTLEMENT AND DISBURSEMENT
OF SETTLEMENT PROCEEDS
THIS CAUSE comes before the Court on Plaintiff’s Unopposed Motion to Approve
Settlement and Disbursement of Settlement Proceeds (the “Motion”) [ECF No. 43]. The Court has
reviewed the Motion and the record and is otherwise fully advised. Accordingly, it is ORDERED
AND ADJUDGED as follows:
1. 	The Motion is GRANTED.
2. 	After reviewing the pertinent settlement documents, the Court finds that the
settlement is in A.O.’s best interests. The Court also finds that an annuity contract
is the best option for investing the net settlement proceeds for A.O.’s benefit.
3. 	The Court has conducted in camera review of the following duly executed
documents: (a) Final Closing Statement; (b) Qualified Assignment and Release
Agreement for Claimant/Payee A.O.; (c) Structured Settlement Addendum to the
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Settlement Agreement and Release; (d) Confirmation of Structured Settlement; and
(e) Check Request for Structured Settlement Annuity.
4. 	The Court approves disposition and disbursement of the entire gross settlement
proceeds, paid by Defendant CARNIVAL CORPORATION, as follows:
(i) 	Payment 	of 	the 	net 	settlement 	amount 	to 	Independent 	Assignment
Company, as reflected in the Structured Settlement Addendum and Final
Closing Statement; and
(ii) 	Payment of the remainder of the gross settlement to “Stein Law P.A., trust
account,” in satisfaction of outstanding attorneys’ fees, reimbursable case
costs, and discharge of a health-insurance subrogation lien against the
settlement proceeds, all of which is reflected in the Final Closing Statement.
5. 	The Court approves the payment schedule to A.O. of his annuity benefits, as
reflected in the Structured Settlement Addendum and Confirmation of Structured
Settlement.
6. 	Assignment: the obligation to make the periodic payments described herein may be
assigned to Independent Assignment Company and funded by an annuity contract
issued by Independent Life Insurance Company.
7. 	The total cost to the Defendant and/or Insurer for the Periodic Payments portion of
the settlement is that amount which is reflected both in the Final Closing
Statement as “Total Net Proceeds to Client”, as well as the Structured
Settlement Addendum and Confirmation of Structured Settlement, disclosure
of which has been required as a condition of settlement. No part of the sum being
paid by the Defendant and/or Insurer to provide future Periodic Payments as set
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forth herein may be paid directly to the Plaintiff, inasmuch as the parties negotiated
for a structured settlement as being in the best interest of the Payee.
DONE AND ORDERED in Chambers at Miami, Florida, this 10th day of April, 2026.
________________________________
DARRIN P. GAYLES
UNITED STATES DISTRICT JUDGE
cc: All counsel of record; Independent Assignment Company
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