Biggs et al v. MetroPlus Health Plan, Inc. et al

Filing 91

ORDER terminating 87 Letter Motion to Compel; terminating 89 Letter Motion to Compel. The Court has reviewed the parties' cross-motions to compel settlement. The deadline to file a motion to re-open this matter was January 10, 2025. See E CF No. 86. The parties' applications are were filed after that date, and are therefore DENIED. The Court notes that CPLR § 5003-A(b) requires payment to "any settling plaintiff" be made "within ninety 90 days." The Cou rt also notes that Advocates for Justice, Chartered Attorneys is the correct firm name for Plaintiffs' counsel. The Clerk of Court is respectfully directed to terminate ECF. Nos. 87 and 89. SO ORDERED. (Signed by Judge Dale E. Ho on 1/28/2025) (jjc)

The Court has reviewed the parties' cross-motions to
compel settlement. The deadline to file a motion to re-open
this matter was January 10, 2025. See ECF No. 86. The
parties' applications are were filed after that date, and are
therefore DENIED. The Court notes that CPLR § 5003A(b) requires payment to "any settling plaintiff" be made
"within ninety [90] days." The Court also notes that
Advocates for Justice, Chartered Attorneys is the correct
firm name for Plaintiffs' counsel. The Clerk of Court is
respectfully directed to terminate ECF. Nos. 87 and 89. SO
ORDERED.
January 22, 2025
Dale E. Ho
United States District Judge
By ECF
Dated: January 28, 2025
Hon. Dale E. Ho
New York, New York
United States District Court
500 Pearl Street
New York, NY 10007
Re:

Biggs v. MetroPlusHealth Plan, et al.
22 Civ. 10939 (DEH)
Motion To Enter Order Reflecting the Terms of the Settlement

Dear Judge Ho.:
With respect to Defendants’ last second “one page” response to our Motion to enter a
settlement I want to address two issues.
The first is timing. We notified the Court of December 3, 2024 that we had settled.
Corporation Counsel wanted to write the settlement agreement. The Court allowed until
December 21. Corp Counsel asked for more time and finally sent a draft on January 10, 2025.
We immediately, within 24 hours, responded with our objections (including taking another 90
days to make payment), about how the payment was described, and non-disparagement. We got
to response until we filed our Motion with the Court on January 13, 2024. It took 8 days for the
City to respond.
With respect to time of payment. When we settled at mediation there was no mention
of 90 days. The CPLR does not say that payment shall be made “no sooner than 90 days.”
CPLR§ 5003-A(b) says: “When an action to recover damages has been settled and the settling
defendant is a municipality or any subdivision thereof, or any public corporation that is not
indemnified by the state, it shall pay all sums due to any settling plaintiff within ninety days of
tender, by the settling plaintiff to it, of duly executed release and a stipulation discontinuing
action executed on behalf of the settling plaintiff.” Again, it says “within 90 days,” and does not
prohibit more expeditious payment. The City took 6 weeks to add 90 days to the deal. That time
has been unreasonable. Payment within 30 days of the Court order is reasonable, and far more
reflective of the agreement than what the language is the agreement the City wants Plaintiffs to
be compelled to sign.

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Judge Ho
January 22, 2025
Page 2

. With respect to the payment language. We are not sure what possible liens has to do
with this language. Here is what we sent to the Court with respect to Letitia Biggs; the other
plaintiffs are similar.
In full satisfaction of all claims that were or could have been raised by
Plaintiff Letitia Biggs in this action, including claims for emotional distress
damages, costs, expenses, and attorneys’ fees, the City of New York
(“City”), on behalf of MetroPlus, shall make a payment to Advocates for
Justice, Chartered Attorneys, as Attorneys for Letitia Biggs, in the single
total gross sum of seventy-five thousand dollars ($75,000.00). Said
payment shall be made within 30 days of this Agreement. The foregoing
sum is in full satisfaction of any and all claims that Plaintiff Letitia Biggs
could have alleged regarding her employment and separation of
employment. The settlement check shall be made payable to “Advocates
for Justice, Chartered Attorneys, as Attorneys for Letitia Biggs,” and
mailed to Advocates for Justice, Chartered Attorneys, 225 Broadway, Suite
1902, New York, New York 10007, c/o Arthur Z. Schwartz.
Here is what the City insists on:
In full satisfaction of all claims that were or could have been raised by
Plaintiff Letitia Biggs in this action, including claims for emotional-distress
damages, costs, expenses, and attorneys’ fees, the City of New York
(“City”), on behalf of MetroPlus, shall pay Plaintiff Biggs the single total
gross sum of seventy-five thousand dollars ($75,000.00). The foregoing
sum is inclusive of any and all claims for costs, disbursements, and
attorneys’ fees, and is in full satisfaction of any and all claims that Plaintiff
Letitia Biggs could have alleged regarding her employment and separation
of employment. The settlement check shall be made payable to “Advocates
for Justice, as attorneys for Plaintiff Biggs,” and mailed to Advocates for
Justice, 225 Broadway, Suite 1902, New York, New York 10007, c/o Arthur
Z. Schwartz.
There is no discussion in this section about liens. The City is including attorneys fees in
its payment, which is why the final document has to state that payment is to the Plaintiff
and to my firm. This is not an accident case, it is a case with statutory attorneys fees,
which are being compromised. Additionally, the have the name of the wrong firm.
Advocates for Justice is an entirely different entity (it is a 501c3 legal foundation.)

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Judge Ho
January 22, 2025
Page 3
With respect to the non-disparagement clause, we agree that it raises First Amendment
issues, so we resubmit an Order without it,
Thank you for your consideration.
Respectfully submitted,
/s/ Arthur Z. Schwartz
Arthur Z. Schwartz

cc:

All Counsel of Record (by ECF)

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
--------------------------------------------------------------------- x
LETITIA BIGGS, JAMELLA WASHINGTON, and
JUDY WILSON,
Plaintiffs,

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ORDER
Case No. 1:22-CV-10939-DEH

-againstMETROPLUS HEALTH PLAN, INC., SIMRAN KAUR,
and JANE ROE,
Defendants.
--------------------------------------------------------------------- x
WHEREAS, Plaintiffs Letitia Biggs, Jamella Washington, and Judy Wilson (collectively,
“Plaintiffs”), commenced the above-captioned action by filing a Complaint on December 28, 2022,
against Defendants, MetroPlus Health Plan, Inc., Simran Kaur, and Jane Roe,1 in the United States
District Court for the Southern District of New York, which was docketed as Biggs, et al. v.
MetroPlus Health Plan, Inc., et al., Civil Action No. 1:22-CV-10939, setting forth a cause of action
for violation of the First Amendment to the United States Constitution; and
WHEREAS, all of Plaintiffs’ claims against Simran Kaur were dismissed by a Stipulation
of Voluntary Dismissal with Prejudice pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of
Civil Procedure; and
WHEREAS, Defendant, MetroPlus Health Plan, Inc. (“Defendant”), has denied the truth
of Plaintiff’s allegations and all liability arising out of Plaintiffs’ allegations; and

Defendant Jane Roe is an unserved and unnamed “John Doe” defendant, and no appearance
has been entered on behalf of Defendant Roe in this case.
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WHEREAS, no party is an infant or incompetent for whom a committee has been
appointed and there is no person not a party to this proceeding who has any interest in the subject
matter of this proceeding; and
WHEREAS, in conjunction with this Settlement Agreement, the parties are executing a
Stipulation discontinuing and dismissing this action with prejudice; and
WHEREAS, Plaintiffs and Defendant now desire to resolve the issues raised in this action
without further proceedings and without admitting any fault or liability, but have been unable to
agree on the form of a settlement agreement; and
WHEREAS, it is in the interest of the parties to have the court reduce their agreement to
an Order; it is hereby
ORDERED as follows:
1.

The above-captioned action is settled and is hereby withdrawn, discontinued, and

dismissed, with prejudice, and without costs, expenses, or fees in excess of the amounts specified
in paragraphs “2,” “3,” and “4” below. A Stipulation of Voluntary Dismissal with Prejudice, in the
form annexed hereto as Exhibit “A,” shall be executed by Plaintiffs and Defendant and filed with
the Court by Defendant’s counsel without further notice or process.
2.

In full satisfaction of all claims that were or could have been raised by Plaintiff

Letitia Biggs in this action, including claims for emotional distress damages, costs, expenses, and
attorneys’ fees, the City of New York (“City”), on behalf of MetroPlus, shall make a payment to
Advocates for Justice, Chartered Attorneys, as Attorneys for Letitia Biggs, in the single total gross
sum of seventy-five thousand dollars ($75,000.00). Said payment shall be made within 30 days of
this Agreement. The foregoing sum is in full satisfaction of any and all claims that Plaintiff Letitia
Biggs could have alleged regarding her employment and separation of employment. The settlement

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check shall be made payable to “Advocates for Justice, Chartered Attorneys, as Attorneys for
Letitia Biggs,” and mailed to Advocates for Justice, Chartered Attorneys, 225 Broadway, Suite
1902, New York, New York 10007, c/o Arthur Z. Schwartz.
3.

In full satisfaction of all claims that were or could have been raised by Plaintiff

Jamella Washington in this action, including claims for emotional distress damages, costs,
expenses, and attorneys’ fees, the City, on behalf of MetroPlus, shall make a payment to Advocates
for Justice, Chartered Attorneys, as attorneys for Jamella Washington the single total gross sum of
seventy-five thousand dollars ($75,000.00). Said payment shall be made within 30 days of this
Agreement. The foregoing sum in full satisfaction of any and all claims that Plaintiff Washington
could have alleged regarding her employment and separation of employment. The settlement
check shall be made payable to “Advocates for Justice, Chartered Attorneys as Attorneys for
Jamella Washington,” and mailed to Advocates for Justice, Chartered Attorneys, 225 Broadway,
Suite 1902, New York, New York 10007, c/o Arthur Z. Schwartz.
4.

In full satisfaction of all claims that were or could have been raised by Plaintiff

Judy Wilson in this, including claims for emotional distress damages, costs, expenses, and
attorneys’ fees, the City, on behalf of MetroPlus, shall make a payment to Advocates for Justice,
Chartered Attorneys, as attorneys for Judy Wilson the single total gross sum of twenty thousand
dollars ($20,000.00). Said payment shall be made within 30 days of this Agreement. The foregoing
sum is inclusive of any and all claims that Plaintiff Wilson could have alleged regarding her
employment. The settlement check shall be made payable to “Advocates for Justice, Chartered
Attorneys, as Attorneys for Judy Wilson,” and mailed to Advocates for Justice, 225 Broadway,
Suite 1902, New York, New York 10007, c/o Arthur Z. Schwartz.

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5.

MetroPlus

shall

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Plaintiff

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Washington’s

probationary

discontinuance to a resignation. That resignation shall be irrevocable. Plaintiff Washington shall
not to seek, apply, or accept employment with the New York City Health and Hospitals
Corporation, doing business as NYC Health + Hospitals (“Health + Hospitals”), or employment
or assignment to any of Health and Hospitals’ subsidiaries or affiliates, including, but not limited
to, MetroPlus. In the event that Plaintiff is offered and/or accepts employment with Health and
Hospitals at a Health + Hospitals facility, Plaintiff can be summarily terminated without further
review or process. Further, in the event that Plaintiff Washington is assigned to a Health +
Hospitals facility through an agency or affiliate of HHC, Plaintiff Washington can be advised that
she is not eligible for such an assignment. No further review or process of this disclosure is
available.
6.

MetroPlus shall close Plaintiff Wilson’s disciplinary case, Case No. 2023-23, and

to mark the corresponding disciplinary charges as “settled, no penalty or findings,” meaning that
the disciplinary case may not be used against Plaintiff Wilson in any future disciplinary case, if
any.
7.

If any prospective employer inquires of MetroPlus about the employment of Biggs

or Washington, that inquiry will be responded to with only the dates of employment. A note to this
effect shall; be placed in Plaintiff Biggs’ and Washington’s personnel file, and the Human
Resources Department will be specifically instructed in this respect. A violation of this provision
will be considered a substantial violation of this agreement.
8.

MetroPlus further shall release Plaintiffs from any or all claims which it has had

or may have against the Plaintiffs.

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9.

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In consideration for the actions set forth in paragraphs “2,” “3,” “4,” “5,” “6,”, “7,”

“8,”and “9,” which are in full satisfaction of any and all claims that were or could have been raised
in this action by Plaintiffs, Plaintiffs shall sign a General Release releasing Defendant MetroPlus,
Simran Kaur, Jane Roe, Health + Hospitals, the City, all present or former officials, officers,
employees, representatives, insurers, affiliates, affiliate employees, or agents of Defendant, and/or
Health + Hospitals, and/or the City, any or all of them, and their successors and/or assigns
(collectively, the “Released Parties”) from any and all claims, liabilities, and/or causes of action
that Plaintiffs have or may have against any or all of the Released Parties based on any act,
omission, event, or occurrence occurring from the beginning of the world up through and including
the date hereof, whether known or unknown, including, without limitation, any and all claims,
liabilities, and/or causes of action that were or could have been alleged by Plaintiffs in this action,
including all claims for costs, expenses, and attorneys’ fees. The Settlement Amounts set forth in
paragraphs “2,” “3,” and “4” above reflects the entire amount to be paid to Plaintiffs in
consideration of this Release, including, but not limited to, any costs, expenses, or attorneys’ fees,
and Plaintiffs shall have no rights to any additional amounts from Defendant.
10.

Plaintiffs shall execute and deliver to Defendant’s attorney all documents necessary

to effect this settlement, including, without limitation: a Stipulation of Voluntary Dismissal with
Prejudice, in the form annexed hereto as Exhibit “A, three Waivers and General Releases, in the
forms annexed hereto as Exhibit “B,” three Affidavits Concerning Liens, in the forms annexed
hereto as Exhibit “C,” and four City of New York Substitute Form W-9s, a copy of which is
annexed hereto as Exhibit “D”: one executed by each Plaintiff and the fourth executed by
Plaintiffs’ attorneys, Advocates for Justice Chartered Attorneys.

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11.

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Nothing contained in this Order or in the Waivers and General Releases shall be

deemed to be an admission by Defendant MetroPlus, Simran Kaur, Jane Rode, Health + Hospitals,
the City, or any of the present or former officials, employees, representatives, affiliates, affiliate
employees, and agents of Defendant, and/or Health + Hospitals, and/or the City, or any or all of
the Released Parties, of the truth of any of the allegations contained in the Complaint, First
Amended Complaint, or Second Amended Complaint, or an admission that Defendant, Simran
Kaur, Health + Hospitals, the City, or any of the present or former officials, employees,
representatives, affiliates, affiliate employees, and agents of Defendant MetroPlus, and/or Health
+ Hospitals, and/or the City, or any of the Released Parties, have in any manner or way violated
Plaintiffs’ rights, or the rights of any other person or entity, as defined in the constitutions, statutes,
ordinances, rules, or regulations of the United States, the State of New York, the City, or
Defendant, or any other rules, regulations, or bylaws of Defendant, and/or Health + Hospitals,
and/or the City.
12.

Nothing contained in this Order shall be deemed to constitute a policy or practice

of Defendant, Health + Hospitals, the City, or any or all of the Released Parties, or any or all of
them: and
THE COURT FURTHER FINDS
a) that Plaintiffs have read this Order and the General Releases, know their contents,
and understand their terms and provisions, and that have agreed to the terms of this Order
voluntarily:
b)

that Plaintiffs have consulted with their attorney, Arthur Z. Schwartz of Advocates for

Justice Chartered Attorneys, prior to agreeing to the terms of this Order

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c) that Plaintiffs and Defendant represent that they have acknowledged that the terms of this
settlement are fair and reasonable under all the circumstances
Dated: January

, 2025

_______________________________
Hon. Dale Ho
United States District Judge

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EXHIBIT A

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
--------------------------------------------------------------------- x
LETITIA BIGGS, JAMELLA WASHINGTON, and
JUDY WILSON,
Plaintiffs,
-against-

Page 9 of 25

STIPULATION OF
VOLUNTARY DISMISSAL
WITH PREJUDICE
Case No. 1:22-CV-10939-DEH

METROPLUS HEALTH PLAN, INC., SIMRAN KAUR,
and JANE ROE,1
Defendants.
--------------------------------------------------------------------- x
IT IS HEREBY STIPULATED AND AGREED, by and between the parties as
represented below, that, pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure,
the above-captioned action is hereby withdrawn, discontinued, and dismissed, with prejudice, and
without any costs, fees, or disbursements to any party.
IT IS FURTHER STIPULATED AND AGREED that this Stipulation may be executed
in counterparts and that faxed or electronic signatures shall be deemed original signatures.
Dated: New York, New York
December 23, 2024
ARTHUR Z. SCHWARTZ
Advocates for Justice
Counsel for Plaintiffs
225 Broadway, Suite 1902
New York, New York 10007
[phone]
[e-mail]

MURIEL GOODE-TRUFANT
Corporation Counsel of the City of New York
Counsel for Defendants
100 Church Street, Room 2-104
New York, New York 10007
[phone]
[e-mail]

By:

By:

_________________________
Arthur Z. Schwartz

_________________________
Zachary T. Ellis
Assistant Corporation Counsel

Defendant Jane Roe is an unserved and unnamed “John Doe” defendant, and no appearance
has been entered on behalf of Defendant Roe in this case.
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EXHIBIT B

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WAIVER AND GENERAL RELEASE
KNOW THAT I, LETITIA BIGGS, a Plaintiff in the action entitled Biggs, et al. v.
MetroPlus Health Plan, Inc., et al., Case No. 1:22-CV-10939-DEH, brought in the United States
District Court, Southern District of New York (“the Action”), in consideration of the payment to
me by the City of New York (“City”), on behalf of MetroPlus Health Plan, Inc. (“Defendant”), of
seventy-five thousand dollars ($75,000.00), which payment is specifically inclusive of all claims
for emotional distress, attorneys’ fees, costs, expenses, and disbursements in the Action, do hereby
release and discharge Defendant, Simran Kaur, and Jane Roe, the New York City Health and
Hospitals Corporation, doing business as NYC Health + Hospitals (“Health + Hospitals”), and the
City, their successors and/or assigns, and all present or former officials, officers, employees,
representatives, insurers, affiliates, affiliate employees, and agents of Defendant, and/or Health +
Hospitals, and/or the City, and their successors and/or assigns (collectively, the “Released
Parties”), from any and all claims, liabilities, and/or causes of action that I have or may have
against any or all of the Released Parties based on any act, omission, event, or occurrence occurring
from the beginning of the world up through and including the date hereof, including, without
limitation, any and all claims that were or could have been alleged by me in the Action, including
all claims for attorneys’ fees and costs.
By executing this Waiver and General Release, I acknowledge and agree that: (i) I have
carefully read this Waiver and General Release and that I enter into the same voluntarily and with
full understanding and knowledge of its consequences; (ii) I have been advised to consult with an
attorney prior to signing this Waiver and General Release and have done so; and (iii) I have signed
this Waiver and General Release voluntarily, without duress, coercion, or undue influence and
with full understanding and knowledge of its consequences.

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I acknowledge and agree, in accordance with the Older Workers Benefit Protection Act,
29 U.S.C. §§ 621 et seq., that: (i) I have carefully read this General Release and that I enter into
this General Release voluntarily and with full understanding and knowledge of its consequences;
(ii) I have been advised to consult with an attorney prior to signing this General Release; (iii) I
have been provided at least a twenty-one (21) day period to review and consider whether to sign
this General Release; (iv) I have been advised that I have seven (7) days following execution to
revoke it (the “Revocation Period”), that this General Release will not be effective and enforceable
until the Revocation Period has expired, that such revocation shall only be effective if an originally
executed written notice of revocation is delivered to Defendant’s counsel on or before 5:00 p.m.
on the seventh day after execution of this General Release, and that, if so revoked, this General
Release shall be deemed to be void ab initio and have no force or effect; and (v) I have signed this
General Release voluntarily, without duress, coercion, or undue influence and with full
understanding and knowledge of its consequences.
This General Release may not be changed, modified, or revoked orally.
THE UNDERSIGNED HAS READ THE FOREGOING WAIVER AND GENERAL
RELEASE, FULLY UNDERSTANDS IT, AND AGREES TO ITS TERMS.
IN WITNESS THEREOF, I have executed this Waiver and General Release this
__________ day of _______________, 202___.

______________________________
LETITIA BIGGS

On the __________ day of _______________, 202___, to me known, and known to me to be the
individual described in, and who executed the foregoing WAIVER AND GENERAL RELEASE,
and duly acknowledged to me that she executed the same.

______________________________
NOTARY PUBLIC
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WAIVER AND GENERAL RELEASE
KNOW THAT I, JAMELLA WASHINGTON, a Plaintiff in the action entitled Biggs,
et al. v. MetroPlus Health Plan, Inc., et al., Case No. 1:22-CV-10939-DEH, brought in the United
States District Court, Southern District of New York (“the Action”), in consideration of the
payment to me by the City of New York (“City”), on behalf of MetroPlus Health Plan, Inc.
(“Defendant”), of seventy-five thousand dollars ($75,000.00), which payment is specifically
inclusive of all emotional distress damages, attorneys’ fees, costs, expenses, and disbursements in
the Action, and in further consideration of the conversion of my probationary discontinuance to an
irrevocable resignation, do hereby release and discharge Defendant, Simran Kaur, and Jane Roe,
the New York City Health and Hospitals Corporation, doing business as NYC Health + Hospitals
(“Health + Hospitals”), and the City, their successors and/or assigns, and all present or former
officials, officers, employees, representatives, insurers, affiliates, affiliate employees, and agents
of Defendant, and/or Health + Hospitals, and/or the City, and their successors and/or assigns
(collectively, the “Released Parties”), from any and all claims, liabilities, and/or causes of action
that I have or may have against any or all of the Released Parties based on any act, omission, event,
or occurrence occurring from the beginning of the world up through and including the date hereof,
including, without limitation, any and all claims that were or could have been alleged by me in the
Action, including all claims for attorneys’ fees and costs.
By executing this Waiver and General Release, I acknowledge and agree that: (i) I have
carefully read this Waiver and General Release and that I enter into the same voluntarily and with
full understanding and knowledge of its consequences; (ii) I have been advised to consult with an
attorney prior to signing this Waiver and General Release and have done so; and (iii) I have signed
this Waiver and General Release voluntarily, without duress, coercion, or undue influence and
with full understanding and knowledge of its consequences.

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I acknowledge and agree, in accordance with the Older Workers Benefit Protection Act,
29 U.S.C. §§ 621 et seq., that: (i) I have carefully read this General Release and that I enter into
this General Release voluntarily and with full understanding and knowledge of its consequences;
(ii) I have been advised to consult with an attorney prior to signing this General Release; (iii) I
have been provided at least a twenty-one (21) day period to review and consider whether to sign
this General Release; (iv) I have been advised that I have seven (7) days following execution to
revoke it (the “Revocation Period”), that this General Release will not be effective and enforceable
until the Revocation Period has expired, that such revocation shall only be effective if an originally
executed written notice of revocation is delivered to Defendant’s counsel on or before 5:00 p.m.
on the seventh day after execution of this General Release, and that, if so revoked, this General
Release shall be deemed to be void ab initio and have no force or effect; and (v) I have signed this
General Release voluntarily, without duress, coercion, or undue influence and with full
understanding and knowledge of its consequences.
This General Release may not be changed, modified, or revoked orally.
THE UNDERSIGNED HAS READ THE FOREGOING WAIVER AND GENERAL
RELEASE, FULLY UNDERSTANDS IT, AND AGREES TO ITS TERMS.
IN WITNESS THEREOF, I have executed this Waiver and General Release this
__________ day of _______________, 202___.

______________________________
JAMELLA WASHINGTON

On the __________ day of _______________, 202___, to me known, and known to me to be the
individual described in, and who executed the foregoing WAIVER AND GENERAL RELEASE,
and duly acknowledged to me that she executed the same.

______________________________
NOTARY PUBLIC
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WAIVER AND GENERAL RELEASE
KNOW THAT I, JUDY WILSON, a Plaintiff in the action entitled Biggs, et al. v.
MetroPlus Health Plan, Inc., et al., Case No. 1:22-CV-10939-DEH, brought in the United States
District Court, Southern District of New York (“the Action”), in consideration of the payment to
me by the City of New York (“City”), on behalf of MetroPlus Health Plan, Inc. (“Defendant”), of
twenty thousand dollars ($20,000.00), which payment is specifically inclusive of all emotional
distress damages, attorneys’ fees, costs, expenses, and disbursements in the Action, and in further
consideration of the closing of my disciplinary case, Case No. 2023-23, and the marking of the
corresponding disciplinary charges as “settled, no penalty or findings,” do hereby release and
discharge Defendant, Simran Kaur, and Jane Roe, the New York City Health and Hospitals
Corporation, doing business as NYC Health + Hospitals (“Health + Hospitals”), and the City, their
successors and/or assigns, and all present or former officials, officers, employees, representatives,
insurers, affiliates, affiliate employees, and agents of Defendant, and/or Health + Hospitals, and/or
the City, and their successors and/or assigns (collectively, the “Released Parties”), from any and
all claims, liabilities, and/or causes of action that I have or may have against any or all of the
Released Parties based on any act, omission, event, or occurrence occurring from the beginning of
the world up through and including the date hereof, including, without limitation, any and all
claims that were or could have been alleged by me in the Action, including all claims for attorneys’
fees and costs.
By executing this Waiver and General Release, I acknowledge and agree that: (i) I have
carefully read this Waiver and General Release and that I enter into the same voluntarily and with
full understanding and knowledge of its consequences; (ii) I have been advised to consult with an
attorney prior to signing this Waiver and General Release and have done so; and (iii) I have signed

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this Waiver and General Release voluntarily, without duress, coercion, or undue influence and
with full understanding and knowledge of its consequences.
I acknowledge and agree, in accordance with the Older Workers Benefit Protection Act,
29 U.S.C. §§ 621 et seq., that: (i) I have carefully read this General Release and that I enter into
this General Release voluntarily and with full understanding and knowledge of its consequences;
(ii) I have been advised to consult with an attorney prior to signing this General Release; (iii) I
have been provided at least a twenty-one (21) day period to review and consider whether to sign
this General Release; (iv) I have been advised that I have seven (7) days following execution to
revoke it (the “Revocation Period”), that this General Release will not be effective and enforceable
until the Revocation Period has expired, that such revocation shall only be effective if an originally
executed written notice of revocation is delivered to Defendant’s counsel on or before 5:00 p.m.
on the seventh day after execution of this General Release, and that, if so revoked, this General
Release shall be deemed to be void ab initio and have no force or effect; and (v) I have signed this
General Release voluntarily, without duress, coercion, or undue influence and with full
understanding and knowledge of its consequences.
This General Release may not be changed, modified, or revoked orally.
THE UNDERSIGNED HAS READ THE FOREGOING WAIVER AND GENERAL
RELEASE, FULLY UNDERSTANDS IT, AND AGREES TO ITS TERMS.
[The rest of this page has intentionally been left blank.]

2

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Page 17 of 25

IN WITNESS THEREOF, I have executed this Waiver and General Release this
__________ day of _______________, 202___.

______________________________
JUDY WILSON

On the __________ day of _______________, 202___, to me known, and known to me to be the
individual described in, and who executed the foregoing WAIVER AND GENERAL RELEASE,
and duly acknowledged to me that she executed the same.

______________________________
NOTARY PUBLIC

3

Case 1:22-cv-10939-DEH

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Page 18 of 25

EXHIBIT C

Case 1:22-cv-10939-DEH

Document 90-1

Filed 01/22/25

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
--------------------------------------------------------------------- x
LETITIA BIGGS, JAMELLA WASHINGTON, and
JUDY WILSON,
Plaintiffs,

Page 19 of 25

AFFIDAVIT
CONCERNING LIENS
Case No. 1:22-CV-10939-DEH

-againstMETROPLUS HEALTH PLAN, INC., SIMRAN KAUR,
and JANE ROE,
Defendants.
--------------------------------------------------------------------- x
STATE OF

_______________

COUNTY OF _______________

}
}
}

ss

LETITIA BIGGS, being duly sworn, deposes and says:
1.
connection

I am over eighteen years of age, am the Plaintiff herein, and make this Affidavit in
with

the

settlement

of

this

action

My

_______________________________________________________.

home

address

is

My date of birth is

_________________________. My Social Security number is _________________________.
2.

The City of New York has no outstanding bills or liens against me or my property

for treatment received at a New York City Health and Hospitals Corporation facility, nor for the
receipt of Workers’ Compensation or New York State Disability Benefits in relation to any of the
events underlying this action.
3.

The City of New York has no outstanding bills or liens against me or my property

for obligations owed for Parking Violations.
4.

I have never been a recipient of public assistance from the New York City

Department of Social Services. I do not owe child support.
5.

No tax obligation or judgment is owed by me to the City of New York.

Case 1:22-cv-10939-DEH

Document 90-1

Filed 01/22/25

Page 20 of 25

______________________________
LETITIA BIGGS

On the __________ day of _______________, 202___, to me known, and known to me to be the
individual described in, and who executed the foregoing AFFIDAVIT CONCERNING LIENS,
and duly acknowledged to me that she executed the same.

______________________________
NOTARY PUBLIC

2

Case 1:22-cv-10939-DEH

Document 90-1

Filed 01/22/25

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
--------------------------------------------------------------------- x
LETITIA BIGGS, JAMELLA WASHINGTON, and
JUDY WILSON,
Plaintiffs,

Page 21 of 25

AFFIDAVIT
CONCERNING LIENS
Case No. 1:22-CV-10939-DEH

-againstMETROPLUS HEALTH PLAN, INC., SIMRAN KAUR,
and JANE ROE,
Defendants.
--------------------------------------------------------------------- x
STATE OF

_______________

COUNTY OF _______________

}
}
}

ss

JAMELLA WASHINGTON, being duly sworn, deposes and says:
1.

I am over eighteen years of age, am the Plaintiff herein, and make this

Affidavit in connection with the settlement of this action. My home address is
_______________________________________________________.

My date of birth is

_________________________. My Social Security number is _________________________.
2.

The City of New York has no outstanding bills or liens against me or my property

for treatment received at a New York City Health and Hospitals Corporation facility, nor for the
receipt of Workers’ Compensation or New York State Disability Benefits in relation to any of the
events underlying this action.
3.

The City of New York has no outstanding bills or liens against me or my property

for obligations owed for Parking Violations.
4.

I have never been a recipient of public assistance from the New York City

Department of Social Services. I do not owe child support.
5.

No tax obligation or judgment is owed by me to the City of New York.

Case 1:22-cv-10939-DEH

Document 90-1

Filed 01/22/25

Page 22 of 25

______________________________
JAMELLA WASHINGTON

On the __________ day of _______________, 202___, to me known, and known to me to be the
individual described in, and who executed the foregoing AFFIDAVIT CONCERNING LIENS,
and duly acknowledged to me that she executed the same.

______________________________
NOTARY PUBLIC

2

Case 1:22-cv-10939-DEH

Document 90-1

Filed 01/22/25

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
--------------------------------------------------------------------- x
LETITIA BIGGS, JAMELLA WASHINGTON, and
JUDY WILSON,
Plaintiffs,

Page 23 of 25

AFFIDAVIT
CONCERNING LIENS
Case No. 1:22-CV-10939-DEH

-againstMETROPLUS HEALTH PLAN, INC., SIMRAN KAUR,
and JANE ROE,
Defendants.
--------------------------------------------------------------------- x
STATE OF

_______________

COUNTY OF _______________

}
}
}

ss

JUDY WILSON, being duly sworn, deposes and says:
1.

I am over eighteen years of age, am the Plaintiff herein, and make this

Affidavit in connection with the settlement of this action. My home address is
_______________________________________________________.

My date of birth is

_________________________. My Social Security number is _________________________.
2.

The City of New York has no outstanding bills or liens against me or my property

for treatment received at a New York City Health and Hospitals Corporation facility, nor for the
receipt of Workers’ Compensation or New York State Disability Benefits in relation to any of the
events underlying this action.
3.

The City of New York has no outstanding bills or liens against me or my property

for obligations owed for Parking Violations.
4.

I have never been a recipient of public assistance from the New York City

Department of Social Services. I do not owe child support.
5.

No tax obligation or judgment is owed by me to the City of New York.

Case 1:22-cv-10939-DEH

Document 90-1

Filed 01/22/25

Page 24 of 25

______________________________
JUDY WILSON

On the __________ day of _______________, 202___, to me known, and known to me to be the
individual described in, and who executed the foregoing AFFIDAVIT CONCERNING LIENS,
and duly acknowledged to me that she executed the same.

______________________________
NOTARY PUBLIC

2

Case 1:22-cv-10939-DEH

Document 90-1

Filed 01/22/25

Page 25 of 25

EXHIBIT D