Date: 10-11-2024

Case Style:

Luciano Santiago v. Mksud Trax Agadjani

Case Number: 1:21-CV-7090

Judge: Kiyo A. Matsumoto

Court: United States District Court for the Eastern District of New York (King County)

Plaintiff's Attorney:

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Defendant's Attorney: Pro Se

Description:

Brooklyn, New York civil rights lawyer represented the Plaintiff.

According to plaintiff Santiago's summons and verified complaint, defendants made false allegations against the plaintiff which caused the NYPD to arrest Santiago. Santiago further states that the defendants made these false allegations on various occasions and gave encouragement importuning the NYPD with the intention of having the plaintiff arrested and confined. Santiago was conscious of his arrest and confinement and did not consent to same. Finally, Santiago alleges that the arrest and confinement were not privileged since the defendants' allegations were all fabricated.

In support of their application, the defendants submit an affidavit from Agadjani who provided a narrative of his version of the events leading up to and his role in Santiago's arrest. Agadjani also stated what information and evidence he provided to the NYPD, including video surveillance that he personally edited and superimposed with a verbal description of what was occurring in real time. Defendants' also submit still photos from said video surveillance of the alleged larceny. In opposition to the motion, plaintiff provides an affidavit where he gives an account of his version of the facts of the case and elaborates as to why he believes the defendants made false allegations against him.

Outcome: 10/11/2024 62 MEMORANDUM AND OPINION: For the reasons set forth in the attached Order, Plaintiff's request for approval of the Proposed Settlement Agreement is granted. Now that the settlement has been approved, the Defendants' obligations are in effect. The Court retains jurisdiction to enforce the Settlement Agreement. Should Defendants fail to meet their obligations under the Parties' settlement agreement, Plaintiff may move to enforce the terms of the Settlement Agreement, as incorporated herein, including entering judgment for the amount, $650,000, stated in the Confession of Judgment, that was described in an email to Defendants from the Defendants former counsel on December 8, 2023. (ECF No. 56-6, Exhibit F to the Miller Decl., at 1 (noting that the confession of judgment is "security for being entitled to pay over six months" and can be used "only if one of the $30k payments is not made" after "notice and 30 days to cure the nonpayment").) The Court notes, and emphasizes to Defendants, that such judgment would be entered jointly and severally against both Defendant Agadjani and Trax NYC Corp. pursuant to the terms of the Settlement Agreement.

The Clerk of Court is directed to close this case, serve a copy of this Memorandum and Order on Defendants, and file proof of service on the docket no later than October 15, 2024. Ordered by Judge Kiyo A. Matsumoto on 10/11/2024. (SP) (Entered: 10/11/2024)
10/11/2024 Civil Case Terminated.Ordered by Judge Kiyo A. Matsumoto on 10/11/2024. (SWJ) (Entered: 10/11/2024)

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Defendant's Experts:

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