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S.D.N.Y.Procedural orderFiled Nov. 21, 2023

Bertrand v. Department of Education, Archdiocese of New York

Judge
Lewis Liman
Docket
1:22-cv-10445
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedureFee Petition
In one sentence

In Bertrand v. Department of Education, Judge Liman approved the settlement and fees, then dismissed the action without prejudice to timely restoration.

Who this affects

Troy D. Bertrand, the defendants named in the caption, and plaintiff’s counsel.

What happened

In Bertrand v. Department of Education, Troy D. Bertrand’s case came before the court for a settlement hearing on November 21, 2023. The court found the settlement fair and reasonable.

The court approved plaintiff’s counsel’s request for attorneys’ fees and costs. It also found the settlement’s general-release provisions acceptable, noting that they were mutual and that Bertrand was no longer employed by the defendants.

Judge Lewis J. Liman dismissed the action without costs and without prejudice to restoring it to the court’s calendar within 30 days. The court also granted the motion at Docket Number 58 and canceled all conferences and deadlines.

The detailed version

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

Case
Bertrand v. Department of Education, Archdiocese of New York · No. 1:22-cv-10445
Judge
Lewis Liman
Date
Nov. 21, 2023

Settlement Approval

The court held a hearing on the settlement on November 21, 2023. For the reasons stated during that hearing, the court found the settlement fair and reasonable.

The court approved plaintiff’s counsel’s request for attorneys’ fees and costs. It also concluded that the settlement’s general-release provisions were acceptable, including because the provisions were mutual and Troy D. Bertrand was no longer employed by the defendants.

Disposition

The court ordered that the action be dismissed without costs and without prejudice to restoring the action to the court’s calendar, provided that an application to restore it was made within 30 days of the order. The court stated that an application filed after 30 days could be denied solely on that basis.

The court also granted the motion at Docket Number 58 and canceled all conferences and deadlines. The order was signed by United States District Judge Lewis J. Liman.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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