Opinion
20-CV-00435 (GBD)
10-24-2022
ERNEST FIELDS, Plaintiff, v. COURT OFFICER SUEYANG CHEN SHIELD NO. 6185, and JOHN DOE COURT OFFICERS “ONE” THROUGH “SIX,” said names being fictitious and presently unknown, Defendants.
GETZ & BRAVERMAN, P C. ATTORNEYS FOR PLAINTIFF ERNEST FIELDS ATTORNEY GENERAL LETITIA JAMES ATTORNEY FOR DEFENDANT SUE YANG CHEN OWEN T. CONROY ATTORNEY GENERAL MICHAEL I. BRAVERMAN ESQ. ERNESU FIELDS, PLAINTIFF
GETZ & BRAVERMAN, P C.
ATTORNEYS FOR PLAINTIFF ERNEST FIELDS ATTORNEY GENERAL
LETITIA JAMES ATTORNEY FOR DEFENDANT SUE YANG CHEN
OWEN T. CONROY ATTORNEY GENERAL
MICHAEL I. BRAVERMAN ESQ.
ERNESU FIELDS, PLAINTIFF
SETTLEMENT AGREEMENT, GENERAL RELEASE, AND ORDER OF DISMISSAL
GEORGE B. DANIELS UNITED STATES JUDGE
This SETTLEMENT AGREEMENT, GENERAL RELEASE, AND ORDER OF DISMISSAL (“Settlement Agreement”) is made by and between Plaintiff Ernest Fields (‘"Plaintiff”) and Defendant Court Officer Sue Yang Chen (“Defendant") as follows:
WHEREAS, Plaintiff commenced this action by filing a complaint on or about November 7, 2019 (“the Complaint”), in the Supreme Court of the State of New York, Bronx County, Case Number 33216/2019E, alleging claims against Defendant under 42 U.S.C. § 1983 and the Fourth and Fourteenth Amendments to the Constitution of the United States of America, (the “Action”); and
WHEREAS, on January 16, 2020. Defendant filed a Notice of Removal of the Action to the United States District Court for the Southern District of New York pursuant to 28 U.S.C. 1441(a); and
WHEREAS, the claims and allegations in the Action, together with all related filings and proceedings, constitute “the Action”; and
WHEREAS, Defendant expressly denies any wrongful conduct or liability, or violation of any federal, state, or local statute, ordinance, or law in this matter whatsoever; and
WHEREAS, Plaintiff and Defendant desire to fully resolve the claims between them and any and all other disputes, whether known or unknown, without further litigation or proceedings before any court or other agency, and without admission of fault or liability; and
WHEREAS, no party hereto is an infant or incompetent person for whom a committee has been appointed, and no person not a party to this Settlement Agreement has an interest in the subject matter of the Action; and
NOW THEREFORE, in consideration of the mutual promises, covenants, representations and other consideration contained in this Settlement Agreement, Plaintiff and Defendant hereby stipulate and agree as follows:
1. Dismissal of the Action with Prejudice
The Action, and all claims asserted in it, are hereby dismissed with prejudice pursuant to Fed.R.Civ.P. 41(a)(1)(A)(ii) and without payments, attorneys' fees, costs, disbursements, or expenses in excess of the amounts specified in Paragraph 2 of this Settlement Agreement.
2. Payments to Plaintiff and Plaintiffs Attorney
In full consideration of Plaintiffs execution of this Settlement Agreement, his agreement to be bound by its terms, and his undertakings as set forth herein, including the dismissal of the Action with prejudice, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, and subject to any reservation for payment to Medicare or other liens/offsets as set for in Paragraphs 7 and 8, the State of New York, on behalf of Defendant, shall pay the gross sum of SIXTY-FIVE THOUSAND DOLLARS AND ZERO CENTS ($65,000.00) to Plaintiff/Plaintiffs attorney as follows:
a. The State of New York, on behalf of Defendant, shall pay to Plaintiff the sum of FORTY THOUSAND DOLLARS AND ZERO CENTS
their individual or official capacities, or any of them, or all of them (collectively, “the Released Parties”) from all manner of actions, proceedings, suits, grievances, injuries, debts, obligations, dues, sums of money, accounts, contracts, controversies, agreements, promises, damages, judgments, claims, and demands whatsoever, direct or indirect, known or unknown, discovered or undiscovered, that the Releasing Parties ever had, now has, or shall or may have in the future against some, any, or all of the Released Parties, for or by reason of any act, transaction, occurrence, omission, cause, matter, or thing whatsoever up to and including the date of this Settlement Agreement, including: (a) any and all claims regarding or arising out of the acts, transactions, occurrence, or omissions which are described, alleged, or contained in the Action, including without limitation the Complaint and any amendments thereto; (b) any and all claims asserted against some, any, or all of the Released Parties in Fields v. City of New York, filed in the Supreme Court of the State of New York, Bronx County, Case Number 29367/2018E (the “New York City Action”); (c) any and all claims for attorneys' fees, costs, disbursements, and all other expenses incurred by or on behalf of Plaintiff in connection with the Action, and any other action or proceeding, whether judicial, administrative, or otherwise; (d) any and all claims of access to courts, conspiracy, retaliation, or discrimination based upon disability, age, race, color, national origin, ancestry, religion, marital status, sex, sexual harassment, sexual orientation, gender identity, citizenship, military service, status, or medical condition, whether actual or perceived; and (e) any and all claims under federal, state, or local laws, statutes, constitutions, regulations, rules, ordinances, or orders, including but not limited to claims under 42 U.S.C. §§1981-1988, Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., the Rehabilitation Act of 1973, 29 U.S.C. § 794 et seq., the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq., the Family and Medical Leave Act of 1993, 29 U.S.C. §2601 et seq., the
New York State Human Rights Law, N.Y. Exec. Law § 290 et seq., the New York City Human Rights Law, N.Y.C. Admin. Code § 8-101 et seq., N.Y. Labor Law §§ 194, 740, and 741, N.Y. Civil Service Law § 75-b, the United States Constitution, the New York State Constitution, and the New York City Charter. Except for the rights and obligations set forth in this Settlement Agreement, this release also includes a waiver and release of any and all claims related to allegations made before the U.S. Equal Employment Opportunity Commission (“EEOC”), the New York State Division of Human Rights, and/or the New York City Commission on Human Rights, as well as any and all claims against the State of New York, its agencies, departments, and officials in the New York Court of Claims or any other forum, administrative or otherwise, related to or arising from any transactions, acts, omissions, or occurrences up to and including die date of this Settlement Agreement. Plaintiff is not waiving or releasing any nonwaivable statutory protections. Plaintiff is not waiving or releasing and claims that may arise after Plaintiff executes this Settlement Agreement. Plaintiff is not waiving or releasing and claims under New York Military Law; any claims under New York Labor Law §§ 220 to 224; or any unemployment benefit rights under the New York Unemployment Insurance Law. Additionally, nothing in this release prohibits Plaintiffs right to testify, assist, or participate in an investigation, hearing, or proceeding conducted by the EEOC.
10. No Other Action or Proceeding Commenced
Other than the Action, Plaintiff represents that he has not commenced, maintained, or prosecuted any action, charge, complaint, grievance, or proceeding of any kind that is still pending against the Released Parties, on his own behalf or on behalf of any other person and/or on behalf of or as a member of any alleged class of persons, that none of the foregoing is currently pending in any court or before any administrative or investigative body or agency, and acknowledges that this representation constitutes a material inducement for Defendants to enter into this Settlement Agreement. While the New York City Action erroneously lists a “Correction Officer Sue Yang Chen (Court Division)” as among the named defendants, Plaintiff represents that he has not commenced, maintained, or prosecuted, and will not commence, maintain, or prosecute, any claims in the New York City Action against some, any, or all of the Released Parties, and Plaintiff expressly releases foe Released Parties from any and all claims asserted against some, any, or all of the Released Parties in connection with the New York City Action.
11. Waiver of Attorneys' Lien
The undersigned attorney for Plaintiff does hereby release and waive any attorneys' lien they may have on the settlement proceeds in the Action pursuant to N.Y. Judiciary Law §§ 475 and 475-a or any other state or federal law, statute, contract, or otherwise.
12. No Other Attorney
Plaintiff represents and warrants feat besides the undersigned attorney for Plaintiff, there are no other attorneys that have a lien on the settlement proceeds in the Action pursuant to the provisions of N.Y. Judiciary Law §§ 475 and 475-a or any other state or federal law, statute, contract, or otherwise.
13. No Prevailing Party
Neither Plaintiff nor Defendant shall be deemed a “prevailing party” for any purpose, including any statutory or contractual claim based upon “prevailing party” status with respect to the Action.
14. Binding Effect on Successors and Assigns
The terms and conditions of this Settlement Agreement shall inure to the benefit of, and be binding upon, the successors and assigns of each party hereto.
15. Authority
Each signatory to this Settlement Agreement hereby represents and warrants that he, she, or it has the requisite authority' to enter into this Settlement Agreement, and has not previously assigned or transferred any rights or interests with respect to the matters covered by this Settlement Agreement.
16. Voluntary Agreement
Plaintiff represents that he has thoroughly discussed all aspects of this Settlement Agreement, including the General Release, with his counsel, and Plaintiff represents that he has carefully read and fully understands all of the provisions of this Settlement Agreement. Plaintiff represents that he executes and delivers this Settlement Agreement voluntarily after being fully informed of its terms, contents, and effect, and acknowledges that he understands its terms, contents, and effect. Plaintiff acknowledges that he has consulted with his attorneys before agreeing to any settlement or release, and no compromise or representation of any kind, other than as set forth or referred to herein, has been made to any party or anyone acting on behalf of any party.
17. Negotiated Agreement
The parties acknowledge that each party has cooperated in the drafting and preparation of this Settlement Agreement. The language in all parts of this Settlement Agreement shall be in all cases construed according to its fair meaning and not strictly for or against any party.
18. No Admission of Liability
It is understood and agreed that any actions taken or payments made pursuant to this Settlement Agreement are made solely to avoid the burdens and expense of protracted litigation; that this Settlement Agreement and the actions taken pursuant hereto are not to be construed as constituting any determination on the merits of any claims in this dispute or as constituting any admission of wrongdoing or liability on the part of Defendant, the State of New York, or their present and former agencies, subdivisions, subsidiaries, administrators, principals, officers, employees, directors, members, trustees, agents, attorneys, insurers, heirs, and assigns, whether in their individual or official capacities, or any of them, or all of them, and that they expressly deny any wrongdoing or liability. Nothing contained in this Settlement Agreement shall be deemed to constitute a policy or practice of Defendant or the State of New York.
19. No Precedential Value
This Settlement Agreement shall not in any manner be construed as determinative of the issues raised in the Action or any other proceeding, and shall have no precedential value. In addition, notwithstanding the provisions of any paragraph herein, this Settlement Agreement shall not bind or collaterally estop Defendant, the State of New York, or their present and former agencies, subdivisions, subsidiaries, administrators, principals, officers, employees, directors, members, trustees, agents, attorneys, insurers, heirs, and assigns, whether in their individual or official capacities, or any of them, or all of them, in pending or future actions or proceedings in which the same or similar issues are raised, from defending any and all issues raised in said actions or proceedings, or from advancing any defenses.
20. Entire Agreement
This Settlement Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and supersedes and embodies, merges and integrates all prior and current agreements and understandings of the parties hereto, whether written or oral, with respect to the subject matter of tills Settlement Agreement, and may not be clarified, modified, changed, or amended except in a writing duly executed by the parties hereto or an authorized representative of the parties hereto.
21. Governing Law
The terms of this Settlement Agreement shall be governed by, and construed in accordance with, the laws of the State of New York applicable to contracts to be performed wholly within the State of New York, except to the extent that federal law applies to the releases and waiver of federal claims pursuant to this Settlement Agreement.
22. Severability
With the exception of Paragraphs 1, 3, 7, 9, 10, and 13 of this Settlement Agreement, if any other provision of this Settlement Agreement shall be held by a court of competent jurisdiction to be invalid, void, or unenforceable in whole or in part, such decision shall not invalidate the remaining portion or affect its validity.
23. Headings
The headings contained in this Settlement Agreement are for convenience of reference only and are not a material part of th is Settlement Agreement.
24. Submission to the Court
This Settlement Agreement shall be submitted without further notice to the Court to be “So Ordered.”
25. Counterparts
This Settlement Agreement may be executed in several counterparts, each of which shall be deemed an original and which, taken together, shall constitute one and the same instrument.
26. Authority to Sign Agreement
The Parties and the signatories to this Agreement represent and warrant that the signatories executing this Agreement on behalf of each Party have full authority to do so and to make the representations, warranties, and agreements contained herein.
IN WITNESS WHEREOF, the parties hereto acknowledge that they have read this Settlement Agreement, and accept and agree to the provisions contained herein, and have each executed this Settlement Agreement to be effective on the day and date first above written.
COUNTY OF BRONX
On October 19, 2022, before me, the undersigned, a Notary Public in and for the State of New York, personally appeared ERNEST FIELDS, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument, and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument the individual, or the person upon behalf of which the individual acted, executed the instrument.
SO ORDERED:
(Exhibit A omitted)