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13-4758 - Ocasio v. Big Apple Sanitation, Inc. et al


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13-4758 - Ocasio v. Big Apple Sanitation, Inc. et al
February 5, 2015
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MEMORANDUM AND ORDER: Because defendants have yet to file any responsive pleadings, Ocasio may amend his complaint as a matter of course to cure its defects and bring it in line with the pleading standard set forth by the Second Circuit in Dejesus. See Fed. R. Civ. P. 15(a)(1)(B). He must serve the amended complaint on defendants within 30 days of this Order. Should defendants again fail to respond, Ocasio may once more seek an entry of default and move for default judgment, pursuant to Federal Rule of Civil Procedure 55. Ordered by Chief Judge Carol Bagley Amon on 2/4/2015. (Fernandez, Erica)
January 27, 2016
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MEMORANDUM AND ORDER: For these reasons, the Court declines to adopt the R&R's recommendation that the case be dismissed with prejudice. The Clerk of Court is directed to convert Ocasio's objection into a motion for approval of the settlement. The motion for approval of the settlement is hereby referred to Judge Bloom for report and recommendation. Ordered by Chief Judge Carol Bagley Amon on 1/26/2016. (Fernandez, Erica)
September 26, 2016
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MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATIONS: The Court has reviewed the R&R and the record, including the second revised settlement agreement, and finds no clear error in Magistrate Judge Bloom's recommendations. Because the parties have revised the settlement agreement's non-disparagement clause according to the instructions in the R&R, the Court adopts Magistrate Judge Bloom's recommendation that the revised agreement be approved. The Court notes that although the parties amended the clause according to Magistrate Judge Bloom's instructions, there is a clerical error in the clause, wherein the word "statement" is omitted from the sentence "Plaintiff may make truthful about his experiences litigating this case." (D.E. 29 at 3.) The parties are directed to file a settlement agreement correcting this error and to file a stipulation voluntarily dismissing this action pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii) within thirty (30) days of this order. Ordered by Judge Carol Bagley Amon on 9/26/2016. (Fernandez, Erica)