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Gallo v. Inter-Con Sec. Sys. Inc.

Settlement Agreement Precludes Age Discrimination Claim, Which Was Waived

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District Judge Katherine Polk Failla1

OPINION AND ORDER Plaintiff Joseph M. Gallo filed this action against his former employer, Defendant Inter-Con Security Systems, Inc., alleging discrimination on the basis of his age and breach of a February 9, 2018 Settlement Agreement between the parties (“the “Settlement Agreement” or the “Agreement”). Working in reverse order, Plaintiff claims that Defendant has not adhered to certain of its obligations under the Settlement Agreement, including failing to reimburse him for medical expenses and to reinstate his employment with full seniority. Of potentially greater concern to the Court, however, is that Plaintiff also restates the claims of age discrimination that were ostensibly resolved by the Settlement Agreement (the “Initial Action”). Before the Court is Defendant’s motion to dismiss the Amended Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). Defendant has further requested that the Court order Plaintiff to pay all or part of the costs of the Initial Action pursuant to Federal Rule of Civil Procedure 41(d). For the reasons set forth below, the Court grants Defendant’s motion to dismiss, though it also grants Plaintiff leave to amend certain of his pleadings, and denies Defendant’s motion for fees. BACKGROUND2 A. The Initial Action and the Settlement Agreement Plaintiff Joseph M. Gallo is a special security officer (“SSO”) at the United States District Court for the Southern District of New York. (Pl. Opp. 3; Initial Complaint

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