239
|
|
239
order
Stipulation and Order of Voluntary Dismissal
Tue 04/16 3:23 PM
SETTLEMENT AGREEMENT, GENERAL RELEASE AND ORDER OF DISMISSAL: NOW THEREFORE, in consideration of the mutual promises, covenants, representations and other consideration contained in this Settlement Agreement, Plaintiff and Adams hereby stipulate and agree as follows: The Action, and all claims asserted in it, are dismissed with prejudice pursuant to Fed. R. Civ. P. 41 (a)(1)(A)(ii) without payment, attorneys' fees, costs, disbursements, or expenses to any of these parties as against the other, other than as set forth in Paragraph 2 of this Settlement Agreement. In full consideration of Plaintiffs execution of this Settlement Agreement, her agreement to be bound by its terms, and the undertakings set forth herein, including the dismissal of the Action with prejudice, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the State of New York on behalf of CUNY and Adams shall pay the gross sum of Two Hundred Twenty Five Thousand ($225,000.00) Dollars to Plaintiff and Plaintiffs attorneys as follows: The State of New York, on behalf of CUNY, shall pay to Plaintiff the gross sum of One Hundred and Fifty-Seven thousand ($157,000.00) Dollars, for which all required documentation shall be issued, if applicable, to Plaintiff in this amount, in full and complete satisfaction of any and all claims for damages incurred by Plaintiff that were or could have been the subject of any claim, allegation, or cause of action in the Action, including the Complaint, SAC and TAC and proposed FAC including claims for sexual assault and any physical and/or emotional injuries resulting therefrom, compensatory damages, including but not limited to, pain and suffering, mental and emotional anguish and trauma, damage to reputation, economic damages, lost wages, benefits, back pay, front pay, severance pay, commissions, bonuses, reimbursements, pension plan contributions, and any non-vested retirement, pension, health, or savings plan benefits, or other compensation, punitive damages, and liquidated damages in connection with any other proceeding, administrative, judicial, or otherwise and any other claim or action arising from, related to, based upon, or alleging any of the acts, transactions, occurrences, or omissions asserted or purportedly asserted in the Action. The foregoing payment shall be made payable to Judith Sandrine Dikambi and mailed to Leech Tishman Fuscaldo & Lampl, LLC, 875 Third Avenue, New York, New York 10022. The State of New York, on behalf of CUNY, shall pay to Plaintiffs attorneys, Leech Tishman Fuscaldo & Lampl, LLC, the gross sum of Sixty Eight Thousand ($68,000.00) dollars, for which all required documentation shall be issued, in full and complete satisfaction of any and all claims, allegations, or causes of action for attorneys' fees, costs, disbursements, and expenses that Plaintiff may have for any and all attorneys who have at any time represented, consulted with, or acted on behalf of Plaintiff in connection with the Complaint or this Action. The foregoing payment shall be made payable to Leech Tishman Fuscaldo & Lampl, LLC, and mailed to Leech Tishman Fuscaldo & Lampl, LLC, 525 William Penn Place, 28th Floor, Pittsburgh, PA 15219. SO ORDERED. (Signed by Judge Ronnie Abrams on 4/15/2024) (ate) Transmission to Finance Unit (Cashiers)
Related: [-]
|