Bertrand v. Department of Education, Archdiocese of New York

District Court, S.D. New York

Bertrand v. Department of Education, Archdiocese of New York

Trial Court Opinion

USDC SDNY DOCUMENT SOUTHERN DISTRICT OF NEW YORK DOC #: Sone □□□ DR DATE FILED:_11/21/2023 TROY D. BERTRAND, : Plaintiff, : : 22-cv-10445 (LJL) -V- : : ORDER DEPARTMENT OF EDUCATION, ARCHDIOCESE OF : NEW YORK, ET AL., : Defendants. :

LEWIS J. LIMAN, United States District Judge: A hearing on the settlement was held on November 21, 2023 and memorialized by transcript. For the reasons stated at that hearing, the Court finds that the settlement is fair and reasonable and approves Plaintiffs counsel’s request for attorneys’ fees and costs. See Cheeks v. Freeport Pancake House, Inc.,

796 F.3d 199, 206-07

(2d Cir. 2015); Wolinsky v. Scholastic, Inc.,

900 F. Supp. 2d 332, 335-36

(S.D.N.Y. 2012); see also Fisher v. SD Protection Inc.,

948 F.3d 593, 600

(2d Cir. 2020). Additionally, the Court concludes that the general release provisions are acceptable for the reasons stated at the hearing, including that the provisions are mutual and that Plaintiff is no longer employed by Defendants. See Strauss v. Little Fish Corp.,

2020 WL 4041511

, at *5 (S.D.N.Y. July 17, 2020) (discussing the requirements for adequately justifying non-economic terms in a settlement agreement, including a general release of claims provision). Accordingly, it is hereby ORDERED that this action is DISMISSED without costs and without prejudice to restoring the action to the Court’s calendar, provided the application to restore the action is made within thirty (30) days of this Order. Any application to reopen filed

after thirty (30) days from the date of this Order may be denied solely on that basis. The motion at Docket Number 58 is GRANTED, and all conferences and deadlines are CANCELLED.

SO ORDERED. wl Ie i Lt Dated: November 21, 2023 Lo New York, New York LEWIS J. LIMAN United States District Judge

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