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S.D.N.Y.Procedural orderFiled Sept. 8, 2023

Altamirano v. 535 West 163rd Street HDFC

Judge
Barbara Moses
Docket
1:22-cv-03459
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureContract
In one sentence

In Altamirano v. 535 West 163rd Street HDFC, Judge Moses approved the revised settlement and ordered the parties to file a dismissal with prejudice.

Who this affects

The parties to the settlement agreement, including Manolito Altamirano and 535 West 163rd Street HDFC, are affected by the court’s approval and the required dismissal filing.

What happened

In Altamirano v. 535 West 163rd Street HDFC, the parties asked the court to review a revised settlement agreement submitted with their joint letter.

The revised agreement limited the mutual non-disparagement provision to willful and untruthful disparagement, removed the no-rehire provision, and included time records and expense documents.

Judge Moses found the agreement fair and reasonable, approved it, and ordered the parties to file a stipulation dismissing the case with prejudice by October 9, 2023.

The detailed version

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

Case
Altamirano v. 535 West 163rd Street HDFC · No. 1:22-cv-03459
Judge
Barbara Moses
Date
Sept. 8, 2023

Background

The court reviewed the parties’ joint letter dated September 7, 2023, which attached a revised settlement agreement. The opinion does not describe the underlying claims.

Revised Agreement

The parties reported that the revised agreement limited the mutual non-disparagement clause to “willful and untruthful” disparagement, eliminated the “no re-hire” clause, and included contemporaneous time records and documentation of expenses.

Ruling

After reviewing the agreement’s financial and non-financial terms, Judge Moses found that it was fair and reasonable as required by Cheeks v. Freeport Pancake House. The court approved the revised settlement agreement. It ordered the parties to file a stipulation of dismissal with prejudice—a filing that ends the case and bars refiling the dismissed claims—no later than October 9, 2023.

The authoritative version

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

Open opinion PDF →
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