The opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT GREENEVILLE
ERIKA QUALLS, as next of friend for K.R., )
a minor )
)
Plaintiff, )
)
v. ) No. 2:22-CV-00058-DCLC-CRW
)
HAWKINS COUNTY BOARD OF )
EDUCATION, )
)
Defendant. )
ORDER
This matter is before the Court on United States Magistrate Judge Cynthia R. Wyrick’s
Report and Recommendation [Doc. 20]. Plaintiff Erika Qualls, as next of friend for K.R., a
minor, has moved the Court to authorize the release of settlement funds to K.R. “for use in
furtherance of his college education.” [Pl.’s Mot. to Release of Funds, Doc. 130, at 1; Pl.’s Am.
Mot. for Release of Funds, Doc. 137, at 1]. Defendant Hawkins County Board of Education
does not oppose Plaintiff’s motions. [Def.’s Notice, Doc. 132, at 1]. Magistrate Judge Wyrick
recommends the Court grant Plaintiff’s motions, [R. & R. at 2–3], and both parties have filed
notices of no objections to Magistrate Judge Wyrick’s report and recommendation, 28 U.S.C.
§ 636(b)(1); Fed. R. Civ. P. 72(b); see Thomas v. Arn, 474 U.S. 140, 150 (1985) (“It does not
appear that Congress intended to require district court review of a magistrate’s factual or legal
conclusions . . . when neither party objects to those findings.”).
Having carefully reviewed the record, the Court agrees with Magistrate Judge Wyrick’s
recommendation. The Court therefore ACCEPTS IN WHOLE the report and recommendation
under 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b). For the reasons in the
report and recommendation, which the Court adopts and incorporates into this Judgment Order,
Plaintiff’s motions [Docs. 130 & 137] are GRANTED, and the Clerk’s Office is DIRECTED
to release and disburse the settlement funds as follows:
1. $20,000.00 to be held in Plaintiff’s counsel’s trust account and to be used for the purchase of
a vehicle for K.R. so that he may travel to and from Erskine College and travel locally while
enrolled in Erskine College, in aid of his education;
a. If Plaintiff purchases a vehicle for less than $20,000.00 and the remainder of funds
totals $2,000.00 or less, that remainder shall be disbursed to K.R. for his use toward
discretionary expenses that he incurs during his fall semester at Erskine College;
b. If Plaintiff purchases a vehicle for less than $20,000.00 and the remainder of funds
totals more than $2,000.00, that remainder shall be held in Plaintiff’s counsel’s trust
account pending further order of the Court;
2. $427.10 to Plaintiff Erika Qualls, as reimbursement for fees and expenses that she has
advanced out of pocket to Erskine College on behalf of K.R.; and
3. $14,305.00 to Erskine College, at a mailing address that Plaintiff’s counsel will provide to
the Clerk’s Office, for K.R.’s tuition for the fall semester.
SO ORDERED:
s/Clifton L. Corker
United States District Judge