Letter to Judge Vyskocil — United States ex rel. Daniel Foster v. TCC International LLC (Document 14)

Summary

Letter, Document 14, filed 09/29/25, in Case 1:23-cv-10084-MKV, United States of America ex rel. Daniel Foster v. TCC International LLC d/b/a CORE: Club, et al. Rolando G. Marquez, of counsel for Relator Daniel Foster, writes to Hon. Mary Kay Vyskocil in a letter dated August 21, 2025, that the Relator and Defendants have reached a settlement regarding attorneys' fees and costs under 31 U.S.C. § 3730(d). The parties ask that the settlement agreement remain sealed and that the Court approve and sign the Consent Judgment. An endorsement states that the Court does not have a copy of the proposed consent judgment, which must be sent to Chambers by October 1, 2025, and requires a detailed letter on the public docket by that date explaining why sealing cannot be more narrowly tailored.

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         Case 1:23-cv-10084-MKV            Document 14       Filed 09/29/25     Page 1 of 2




Rolando G. Marquez (of counsel)
Direct Dial (917) 951-0391                                                    USDC SDNY
rolandomarquez@aol.com
                                                                              DOCUMENT
                                                                              ELECTRONICALLY FILED
                                                                              DOC #:
                                                       August 21, 2025
                                                                              DATE FILED: 9/29/2025
VIA EMAIL

Hon. Mary Kay Vyskocil
United States District Judge
United States Courthouse
500 Pearl Street
New York, New York 10007
VyskocilNYSDChambers@nysd.uscourts.gov

         Re:       United States of America, ex rel. Daniel Foster v. TCC International LLC d/b/a
                   CORE: Club, et al.
                   No. 23-Civ. 10084 (MKV) (S.D.N.Y.)

Dear Judge Vyskocil:

       Along with Krevolin & Horst, LLC, this firm represents Relator Daniel Foster (“Relator”)
in the above-referenced action. We write to respectfully inform the Court that Relator and
Defendants (together, the “Parties”) in this action have reached a settlement regarding attorneys’
fees and costs, pursuant to 31 U.S.C. § 3730(d).

        On August 13, 2025, the Court approved of the Stipulation and Order of Settlement and
Dismissal (“Settlement Stipulation”) between the United States, Relator and the Defendants. The
Court also approved the Stipulation and Order of Settlement and Release Between United States
and Relator. The sole remaining issue in the case to be resolved between the Parties was Relator’s
right to seek attorneys’ fees and costs under the fee shifting provisions of the False Claims Act, 31
U.S.C. § 3730(d). This issue has now been resolved.

       Like the Settlement Stipulation, Defendants have also executed a Consent Judgment in
Relator’s favor, which may be enforced if they do not make the payments required under this
settlement agreement.

        Furthermore, the settlement agreement provides, and the Parties have agreed, to keep the
terms of this agreement confidential with limited exceptions. The Parties have conferred on this
point and respectfully request that this settlement agreement remain sealed. The Parties are aware
of the Court’s local rule on sealing requests; however, given the agreement’s discussion of
Defendants’ sensitive financial information, the Parties have agreed that the terms of the settlement
be kept sealed.”
        Case 1:23-cv-10084-MKV          Document 14        Filed 09/29/25     Page 2 of 2

Hon. Mary Kay Vyskocil
August 21, 2025
Page 2


       In addition, the Parties respectfully request that the Court approve and sign the Consent
Judgment. In the event the Court signs the document, we respectfully request that the Court provide
a signed copy via email to the undersigned and those copied below.

        We thank the Court for its consideration of this letter and the accompanying submission.

                                                     Respectfully,



                                                     Rolando G. Marquez
                                                     Of Counsel to Kirk Chapman Law LLC

RGM:
Enclosure

cc:     via email
        Zahra S. Karinshak, Esq. (Counsel for Relator, karinshak@khlawfirm.com)
        Louis A. Pellegrino, Esq. (Counsel for Defendants, louis.pellegrino@dentons.com)
        Richard F. Ross, Esq. (Counsel for Defendants, rick.ross@dentons.com)




      The Court does not have a copy of the proposed consent judgment referenced in this letter,
      which must be sent to Chambers via email by October 1, 2025. The Court requires more
      justification for the request to maintain such document entirely under seal. File a detailed
      letter on the public docket by October 1, 2025 explaining why the parties' interest in privacy
      outweighs the public right to open records and why sealing cannot be more narrowly tailored.
      Cite authority.
                                       Sept. 29, 2025


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