Sohn v. Forest Trail Academy, LLC et al

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 24-CV-81432-DMM
ELIZABETH SOHN, as Parent and
Guardian of A.S., a minor, and in
her own right,
Plaintiff,
v.
FOREST TRAIL ACADEMY, et al.,
Defendants.
_________________________________________
REPORT AND RECOMMENDATION ON UNOPPOSED
MOTION FOR APPROVAL OF MINOR SETTLEMENT
THIS CAUSE is before me on the Motion of Plaintiff, Elizabeth Sohn as Parent
and Guardian of A.S., for Approval of Minor Settlement. ECF No. 76. This matter
was referred to me by U.S. District Judge Donald M. Middlebrooks pursuant to 28
U.S.C. § 636 and the Magistrate Rules of this Court for the purposes of reviewing and
approving the settlement and for matters related to the enforcement of the settlement
agreement. ECF No. 73.
On November 20, 2025, the Court granted Plaintiff’s Unopposed Motion to
Appoint Guardian Ad Litem, and appointed Michael A. Hersh, Esq., for the purpose
of protecting the minor’s interest with respect to the settlement of the minor’s claim.
Id. On March 9, 2026, Plaintiff filed the instant Motion. ECF No. 76. I set a hearing
on the Motion and directed Plaintiff to submit the documents referenced in the
Motion, including the settlement agreement, proposed release, structured settlement
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documents, and the proposed distribution schedule for in camera review. ECF No. 77.
Plaintiff submitted the documents, and a hearing was held on March 26, 2026. ECF
No. 78.
I 	reviewed 	the 	Motion, 	Mr. 	Hersh’s 	Guardian 	Ad 	Litem 	Report 	and
Recommendations Regarding Approval and Distribution of Minors’ Settlement (ECF
No. 76-1), the executed Release, Qualified Assignment and Release Agreement,
Structured Settlement Option, and Final Closing Statement, along with the record in
this case. At the hearing, I heard from counsel, A.S., Mr. Hersh, and Mr. Sean
Pendray, who is affiliated with Pendray Financial Associates and involved with the
structured settlement. Mr. Hersh explained that he interviewed multiple individuals
including the minor and his mother; reviewed the full file provided by Plaintiff’s
counsel 	including 	the 	court 	documents, 	relevant 	records, 	the 	proposed closing
statement, attorneys’ fees and costs, and the proposed structure for distribution of
the settlement proceeds. Mr. Hersh confirmed that all parties approve of the proposed
settlement and manner in which the settlement funds shall be distributed to the
minor, and that he believes the Settlement is in the best interest of the minor and
the structured settlement will protect the minor’s interests.
Based on the evidence and record statements provided in this case, I find that
the Settlement is fair, reasonable, and in the best interest of A.S. In addition, I find
that the proposed attorneys’ fees and costs are reasonable and appropriate under the
circumstances. Accordingly, it is RECOMMENDED that
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1. 	The Unopposed Motion for Approval of Minor Settlement, ECF No. 76, be
GRANTED.
2. 	The disbursement of the settlement funds in accordance with the terms
outlined in the Motion and Closing Statement, including that payment to
A.S. 	shall 	be 	structured 	through 	the 	funding 	of 	an 	annuity 	from
Independent Life Insurance Company, be APPROVED.
3. 	The amount of attorneys’ fees and costs incurred in the prosecution of this
claim as set forth in the Closing Statement be APPROVED.
4. 	Because the minor was present at the approval hearing and was identified
by their full name, the transcript of that hearing should be SEALED
pending further order of the Court.
NOTICE OF RIGHT TO OBJECT
A party shall serve and file written objections, if any, to this Report and
Recommendation with the Honorable Donald M. Middlebrooks, within FOURTEEN
(14) DAYS of being served with a copy of this Report and Recommendation. Failure
to timely file objections shall constitute a waiver of a party's “right to challenge on
appeal the district court’s order based on unobjected-to factual and legal conclusions.”
11th Cir. R. 3-1 (2016).
If counsel do not intend to file objections, they shall file a notice
advising 	the 	District 	Court 	within 	FIVE 	DAYS 	of 	this 	Report 	and
Recommendation.
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DONE and SUBMITTED in Chambers at West Palm Beach, Palm Beach
County, in the Southern District of Florida, this 30th day of March 2026.
__________________________________
BRUCE E. REINHART
UNITED STATES MAGISTRATE JUDGE
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