Ritornato et al v. New York State Division of Naval and Military Affairs et al
| Daria Ritornato and Vincent Ferrara |
| New York State Division of Naval and Military Affairs, Civil Service Employees Association Inc., Local 1000 AFSCME, Jeffrey Caston and Nancy Wood |
| 7:2014cv07854 |
| September 29, 2014 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Westchester |
| Cathy Seibel |
| Employment |
| 42 U.S.C. ยง 2000 |
| None |
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Filing
202
SETTLEMENT AGREEMENT, GENERAL RELEASE, AND ORDER OF DISMISSAL WITH PREJUDICE: NOW THEREFORE, in consideration of the mutual promises, covenants, representations and other consideration contained in this Settlement Agreement, Plaintiffs and Defen dants hereby stipulate and agree as follows : 1. Dismissal of the Action with Prejudice. The Action, and all claims that were or could have been asserted therein, are dismissed with prejudice against Defendants pursuant to Fed. R. Civ. P. 41 (a) and without payments, attorneys' fees, costs, disbursements, or expenses in excess of the amounts set forth in Paragraph 2. Plaintiffs' counsel shall execute a Stipulation, in the form annexed hereto as Exhibit A, withdrawing the appea l of this Action with prejudice without costs and without attorneys' fees pursuant to Fed. R. App. P. 42(6), and shall file it with the Second Circuit Court of Appeals within five calendar days after this Settlement Agreement is "So Orde red" by the Court. Plaintiffs shall not appeal any orders or rulings in this Action, including, but not limited to, the orders dated May 23, 2019 (docket number 182),July 11, 2016 (docket number 71), March 26, 2019 (docket number 186), and No vember 25, 2019 (docket number 192). DMNA shall not enter a Bill of Costs in this Action. In full consideration of Plaintiff Heaven's execution of this Settlement Agreement, his agreement to be bound by its terms, and his undertakings as set f orth herein including, but not limited to, the dismissal of the Action with prejudice by Plaintiffs and the waiver of any appeals by Plaintiffs, Plaintiff Heaven's waiver and release of claims as set forth in Paragraph 10 and other good and va luable consideration, the sufficiency of which is hereby acknowledged by Plaintiffs, the State of New York shall pay, subject to any reservation for payment as set forth in Paragraphs 5, 6, 7 and 8 of this Settlement Agreement, the gross amount of THIRTY THOUSAND DOLLARS ($30,000.00) in full and complete satisfaction of all claims, allegations or actions, direct or indirect, known or unknown, that Plaintiffs had, have, o r may have against the State of New York and Defendants, together with all of DMNA's present and former agencies, principals, officers, directors, members, trustees, shareholders, employees, agents, attorneys, insurers, subdivisions, subsidiaries, heirs, administrators, and assigns, whether in their person al or official capacities, arising out of conduct, acts, or omissions prior to, up to and including the date of this Settlement Agreement, including but not limited to those asserted in the Action and/ or the DHR Charges, as well as in full and co mplete satisfaction of all claims for compensatory damages (including but not limited to pain and suffering, mental and emotional anguish and trauma, damage to reputation, punitive damages, and liquidated damages), lost wages, benefits, and econom ic damages (including but not limited to back pay, front pay, severance pay, commissions, bonuses, reimbursements, and pension plan contributions), and attorneys' fees, costs, disbursements, and expenses incurred by Plaintiffs for any and all counsel who have assisted Plaintiffs or at any time represented Plaintiffs in the Action, as well as in connection with any other representation, negotiation, proceeding, administrative, judicial, or otherwise, and any other claim or action alleg ing any of the acts, transactions, occurrences, or omissions asserted in the Action, as follows: a. The State of New York shall pay to Plaintiff Heaven the sum of TEN THOUSAND DOLLARS ($10,000.00), for which an I.R.S. Form 1099 shall be issue d, in full and complete satisfaction of any and all claims for compensatory damages (including but not limited to pain and suffering, mental and emotional anguish and trauma, damage to reputation, economic damages, punitive damages, and liquidated damages) incurred by Plaintiff Heaven that were or could have been the subject of any claim in the Action o r the Heaven DHR Charge, as well as in connection with any other representation, negotiation, proceeding, whether administrative, judicial , or otherwise, including but not limited to any other claim or action alleging any of the acts, transactions, occurrences, or omissions asserted in the Action or the Heaven DHR Charge. The foregoing payment shall be made payable to "VanderWo ude & Roma PLLC, for the benefit of Aldaine Heaven" and sent to Neil VanderWoude, Esq., VanderWoude & Roma, PLLC, 103 Old Route 52, Stormville, New York 12582. b. The State of New York shall pay to the VanderWoude & Roma, PLLC law firm, as at torneys for Plaintiffs, the sum of TWENTY THOUSAND DOLLARS ($20,000.00), for which an I.R.S. Form 1099 shall be issued, in full and complete satisfaction of any and all claims for attorneys' fees, costs, disbursements, and expenses incurr ed by Plaintiffs for any and all counsel who have assisted Plaintiffs or at any time represented Plaintiffs in the Action, the DHR Charges, as well as in connection with any other proceeding, whether administrative, judicial, or otherwise, includi ng but not limited to any other claim or action alleging any of the acts, transactions, occurrences, oromissions asserted in the Action or the DHR Charges. The foregoing payment shall be made payable to "VanderWoude & Roma PLLC, as attorneys for Plaintiffs" and sent to Neil VanderWoude, Esq., VanderWoude & Roma, PLLC, 103 Old Route 52, Stormville, New York 12582 as further set forth in this order. The Clerk of Court is respectfully directed to close the case. SO ORDERED. (Signed by Judge Cathy Seibel on 8/14/2020) (rj)
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Filing
197
ORDER: Pursuant to my Emergency Individual Rules and Practices in Light of COVID-19, last revised March 19, 2020, all parties to civil conferences shall attend by phone, using the following information: Toll-Free Number: (877) 336-1839 Access Code: 1047966. The parties should call in from a landline, announce their names before speaking, and mute their lines when not speaking. This Order is subject to revocation at any time. Persons granted remote access to proceedings are reminded of the gener al prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. SO ORDERED. (Signed by Judge Cathy Seibel on 5/13/2020) (mml)
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