Caputo v. Epstein et al

Filing 35

RULE 68 JUDGMENT NOW, THEREFORE, IT IS HEREBY ORDERED THAT:1. Defendants shall pay Plaintiff the total sum of One Hundred Twenty Thousand and Zero Cents ($120,000.00) (the "Judgment Amount"). The Judgment Amount includes all compensato ry damages, statutory damages, attorneys' fees incurred to date, litigation expenses, and costs of litigation available under all federal, state, or local statutes. 8. The Clerk of the Court is respectfully directed to close this case with preju dice. Any pending motions are moot. All conferences are canceled. The Clerk of Court is directed to close the case. (And as further set forth herein.) SO ORDERED. (Signed by Judge Jennifer H. Rearden on 3/12/2025) (jca) Transmission to Finance Unit (Cashiers) for processing.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
ANGELA CAPUTO, on behalf of herself and all others
similarly situated,
Plaintiffs,

3/12/2025

Case No.: 1:24-cv-05836 (JHR)

– against –
SCOTT W. EPSTEIN, ANTIN, EHRLICH & EPSTEIN
LLP, AND JEFFREY S. ANTIN,

[PROPOSED]
RULE 68 JUDGMENT

Defendants.

WHEREAS, on July 31, 2024, Plaintiff Angela Caputo (“Plaintiff”) filed this action
against Defendants Antin, Ehrlich & Epstein LLP, Scott W. Epstein, and Jeffrey S. Antin
(collectively “Defendants”); and
WHEREAS, on February 26, 2025, pursuant to Rule 68 of the Federal Rules of Civil
Procedure, and in order to effectuate a settlement reached by the parties, Defendants served on
Plaintiff Defendants’ Notice of Offer of Judgment to Plaintiff (Defendants’ Offer of Judgment”);
and
WHEREAS, on March 5, 2025, Plaintiff accepted Defendants’ Offer of Judgment.

NOW, THEREFORE, IT IS HEREBY ORDERED THAT:
1. Defendants shall pay Plaintiff the total sum of One Hundred Twenty Thousand and Zero
Cents ($120,000.00) (the “Judgment Amount”). The Judgment Amount includes all compensatory
damages, statutory damages, attorneys’ fees incurred to date, litigation expenses, and costs of
litigation available under all federal, state, or local statutes.
Page 1 of 3
092575\1\171051448.v4

2. This judgment shall be in full satisfaction of all federal, state, and local statutory and/or
common law claims or rights that Plaintiff may have to damages, or any other form of relief, arising
out of the alleged acts or omissions of Defendants or any of their past, present, and future officers,
directors, partners, stockholders, members, managers, employees, parent entities, subsidiary
entities, affiliates, insurers, and to the predecessors, successors, heirs, executors, administrators,
representatives and assigns of each of the foregoing, each in their capacity as such, in connection
with the facts and circumstances that are the subject of this action and contained in Plaintiff's
pleadings.
3. This offer of judgment is made for the purposes specified in Rule 68 of the Federal Rules
of Civil Procedure, and in order to effectuate a voluntary settlement of the action, and is not to be
construed as an admission of liability by Defendants or any of their past, present, and future officers,
directors, partners, stockholders, members, managers, employees, parent entities, subsidiary
entities, affiliates, insurers, and to the predecessors, successors, heirs, executors, administrators,
representatives, and assigns of each of the foregoing, each in their capacity as such, or that Plaintiff
has suffered any damages in connection with the facts and circumstances that are the subject of this
action.
4. Acceptance of this offer of judgment will act as a general release and discharge by Plaintiff
of Defendants and their past, present, and future officers, directors, partners, stockholders,
members, managers, employees, parent entities, subsidiary entities, insurers, and to the
predecessors, successors, heirs, executors, administrators, representatives, and assigns of each of
the foregoing, each in their capacity as such, from any and all claims, causes of action, suits,
demands, rights, liabilities, damages, lawsuits, losses, fees, costs or expenses of any kind
whatsoever, whether known or unknown, including any monetary, injunctive or declaratory relief

Page 2 of 3
092575\1\171051448.v4

relating thereto from the beginning of time to the date that judgment is entered. Acceptance of this
offer of judgment will also act as a limited release by Defendants of Plaintiff, specifically that
Defendants, on behalf of themselves and their respective heirs, executors, successors and assigns,
hereby release and discharge Plaintiff Angela Caputo and her heirs, executors, successors and
assigns, from any and all claims, causes of action, suits, or demands, whether known or unknown,
from the beginning of time to the date that judgment is entered, but limited to any claims that were
or could have been raised in defense of this action and any claims related to the parties’ positions
taken in this action.
5. Acceptance of this offer of judgment also will operate to waive Plaintiff's rights to any
claim of interest on the amount of the judgment.
6. The Judgment Amount shall be paid within forty-five (45) days following the entry of this
judgment.
7. Plaintiff shall file the Satisfaction of Judgment within three (3) days after receiving the
Judgment Amount and the same has cleared.
8. The Clerk of the Court is respectfully directed to close this case with prejudice.

SO ORDERED:
0DUFK
Dated:_______________________,
2025

______________________________
_____
___
____
___
_ ______________
Jennifer
Jeenniffer H. Rearden
United
Unnited State District Judge

$Q\SHQGLQJPRWLRQVDUHPRRW$OOFRQIHUHQFHVDUHFDQFHOHG7KH&OHUNRI&RXUWLVGLUHFWHGWRFORVHWKH
FDVH

Page 3 of 3
092575\1\171051448.v4