FILED: NEW YORK COUNTY CLERK 03/09/2020 03:39 PM INDEX NO.

153554/2017
NYSCEF DOC. NO. 197 RECEIVED NYSCEF: 03/09/2020

At IAS Part 38 of the Supreme Court of the

State of New York, held in and for the
County of New York, at the Courthouse
located at 111 Centre Street, New York,
New York, on the 9th day of March 2020.

PRESENT:

Hon. Louis L. Nock,

Justice.

---------------------------------------------X
CAROLINA GILDRED,
Index No. 153554/2017
Plaintiff,
AMENDED ORDER
-against-

MICHAEL FOSTER,

Defendant.
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WHEREAS this court issued an interim order dated January 22, 2020 (NYSCEF Doc.

No. 186 [the "Interim Order"]), stating:

WHEREAS the parties entered into a stipulation of settlement of this action dated
January 17, 2020 (NYSCEF Doc. No. 161); and
WHEREAS defendant has subsequently filed a motion on January 20, 2020 (seq. no.
006) which appears to seek judicial rescission of said stipulation on the stated grounds
that "Defendant suffers from Delayed Cognitive Thinking (A childhood disability)"
(NYSCEF Doc. No. 168 ,r 7); and
WHEREAS plaintiffs counsel has responded to said motion by letter dated January 20,
2020 (NYSCEF Doc. No. 183); and
WHEREAS defendant has replied to said letter by letter dated January 22, 2020 (yet to be
e-filed by the defendant); and
WHEREAS said motion is presently returnable in the Paperless Submission Part of this
Court (no appearance required) on January 27, 2020, for calendaring of oral argument
before the undersigned at a date and time to be determined by said Part; it is
NOW, DECLARED that said motion (seq. no. 006) is deemed fully briefed and
submitted pending oral argument before the undersigned; and it is

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ORDERED that no further filings of any nature whatsoever shall be filed in this matter
without express permission from the court (except for defendant's said January 22, 2020,
letter, which shall bee-filed by defendant forthwith) pending oral argument before the
undersigned; and it is further
ORDERED that plaintiff, who resides in California, may be represented at oral argument
before the undersigned through her counsel ofrecord in this matter.;
and

WHEREAS defendant and counsel for plaintiff appeared before this court on February

14, 2020, the designated oral argument date for defendant's said motion (seq. no. 006) seeking

judicial rescission of said stipulation of settlement, and at which point defendant had still failed

to comply with the Interim Order's direction that he e-file his said January 22, 2020, letter; and

WHEREAS, at said February 14, 2020, appearance, this court extended defendant's time

toe-file his said January 22, 2020, letter for a period expiring during the pendency of the

following week ending February 21, 2020, and, further, set defendant's motion (seq. no. 006)

down for a limited issue evidentiary hearing to occur March 11, 2020, regarding his allegation of

incompetency to enter into said stipulation of settlement due to what he claimed was "Delayed

Cognitive Thinking," and permitting defendant to subpoena any licensed professional who

treated him for what he claimed was "Delayed Cognitive Thinking" and who could speak to his

said alleged incompetency; and

WHEREAS defendant has presented the court with a large volume of proposed·

subpoenas, for endorsement, which do not include anyone described as a licensed professional

who actually treated defendant for "Delayed Cognitive Thinking"; and

WHEREAS, prior to the parties' execution of said stipulation of settlement on January

17, 2020, which relinquishes all of plaintiffs money damages claims against the defendant

solely in exchange for his removal of certain material from the public domain, a pre-trial

conference was conducted at which it was discussed that defendant's failure to respond to

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plaintiffs notice to admit and other discovery demands placed him at risk of substantial

preclusion of evidence which defendant anticipated offering at trial, thereby providing the

rational impetus for defendant's agreement to the terms of said stipulation; it is

NOW, THEREFORE, in light of all the foregoing,

ORDERED that defendant's motion seeking judicial rescission of the parties' stipulation

of settlement dated January 17, 2020 (NYSCEF Doc. No. 161 ), is denied; and it is, therefore,

further

ORDERED that the limited issue evidentiary hearing scheduled for March 11, 2020, is

canceled as moot.

ENTER:

Hon. Louis L. Nock, J.S.C.

HON. LOUIS L. NOf ~

J.0.C.

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