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S.D.N.Y.Procedural orderFiled Mar. 23, 2021

Briones v. Sea Breeze Fish Market Inc.

Judge
Andrew Carter
Docket
1:18-cv-08046
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureContract
In one sentence

In Briones v. Sea Breeze Fish Market Inc., Judge Carter approved the revised settlement and dismissed the case with prejudice.

Who this affects

The plaintiffs and defendants were affected: the court approved their revised settlement and dismissed the entire case with prejudice, with no fees or costs except as agreed by the parties.

What happened

In Briones v. Sea Breeze Fish Market Inc., the court reviewed the parties’ revised settlement agreement after previously refusing to approve an earlier version.

The earlier agreement included a confidentiality section that the court found impermissible and an overly broad promise not to criticize the parties. The parties submitted a revised agreement and removed that section.

Judge Andrew L. Carter, Jr. found the revised settlement fair and reasonable, approved it, and dismissed the entire case with prejudice, without fees or costs except as the parties agreed.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Briones v. Sea Breeze Fish Market Inc. · No. 1:18-cv-08046
Judge
Andrew Carter
Date
Mar. 23, 2021

Background

On March 16, 2021, the court denied the parties’ request to approve their settlement agreement. The court identified problems with Section 6, titled “Confidentiality,” including an impermissible confidentiality provision and an overly broad non-disparagement clause.

On March 19, 2021, the parties submitted a revised settlement agreement and a stipulation removing Section 6.

Ruling

After reviewing the revised settlement as required by Cheeks v. Freeport Pancake House, Inc., the court found the agreement fair and reasonable and approved the settlement.

Judge Andrew L. Carter, Jr. ordered that the case be dismissed with prejudice in its entirety. The order provided for no fees or costs except those agreed to by the parties.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

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