Zangwill v. City of New York et al

Filing 16

STIPULATION OF SETTLEMENT AND ORDER OF DISMISSAL. Ordered by Chief Judge Carol Bagley Amon on 11/8/2011. (Fernandez, Erica)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

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JEFFREY ZANGWILL,
Plaintiff,

STIPULATION OF
SETTLEMENT AND ORDER
OF l>ISMISSAL

·against11 CV 1110 (CBA) (CLP)

CITY OF NEW YORK, JOHN COYLE, and JOHN
and JANE DOE I through I 0, individually and in
their oftlcial capacities, (the names John and Jane
Doe being fictitious, as the true names are presently

unknown),
Defendants.
WHEREAS, plaintiff commenced this action by filing a complaint on or about

March 9, 2011, in the United District Court for the Eastern District ofNew York alleging that the
defendants violated plaintiff's federal civil and stste common law rights; and
WHEREAS, defendants have denied any and all liability oriaing out ofpiaintift's

aliegationa; and

WHEREAS, the parties now desire to resolve the issues raised in this litigation,
without further proceedings and without admitting any fault or liability;

WHEREAS, plaintiff J EFFREY ZANGWILL has authorized his counsel to
settle this matter on the terms set forth belOWi

NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by
and between the undersigned, as follows:
1.

The above-referenced action is hereby dismissed against defendants, with

prejudice, and without costs. expenses, or attorneys' fees in excess of the amount specified in

parsgraph "2" below.

2.

Defendant CITY OF NEW YORK hereby agrees to pay plaintiff

JEFFREY ZANGWILL the sum of TWENTY-FIVE THOUSAND DOLLARS ($25,000.00) In
full satisfaction of all claims, including claims for costs, expenses and attorneys' fees. In
eonsideratlon for the payment of these sums, plaintiff JEFFREY ZANGWILL agrees to the
dismissal of all claims against defendants City of New York and Police Officer John Coyle, and
to release all defendants. any present or former employees or agents of the City of New York, or

any agency thereof from any and all liability, claims, or rights of action from the beginning of
the world to the day of the date of the General Release, including claims for costs, expenses, and

attorneys' fees.
3.

Plaintiff shall execute and deliver to defendant City's attorney all

documents necessary to effect this settlement, including, without limitation, a General Release
based on the terms of paragraph "2" above and an Affidavit of Status of Liens. If Medicare has

provided payment and/or benefits for any injwy or condition that is the subject of this

lawsuit~

prior to tendering the requisite documents to effect this JJettlement, plaintiff shall have notified

Medicare and shall submit with the settlement documents a Medicare flnal demand letter for
conditional payments. A Medicate

Set~Aside

Trust may also be required if future anticipated

medical costs are found to be necessary pursuant to 42 U.S.C. §1395y(b) and 42 C.F.R. §§411.22
through 411.26.

4.

Nothing contsined herein shaH be deemed to be an admission by the

defendants that they in any manner or way violated plaintiff's rights, or the rights of any other
person or entity, as defined in the constitutions, statutes, ordinances, rules or regulations of the

United States, the State of New York, or the City of New York or any other rules, regulations or
bylaws of any department or subdivision of the City of New York. This atipulation 1111d

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settlement shall not be admissible in, nor is it related to, any other litigation or settlement
negotiations, Plaintiff further agrees that neither the filing of the Complaint in this action, nor
the settlement of this action, shall be asserted by him or his counsel in any other litigation or
proceeding as evidence of wrongful conduct on the part of the City of New York, or any present
or former employees or agents of the City of New York.
5.

Nothing contained herein shall be deemed to constitute a policy or practice

of the City of New York or any agency thereof.

6.

Plaintiff agrees to hold harmless the City of New York and all defendaots

regarding any liens or past and/or future Medicare payments, presently known or unknown in
connection with this matter. If conditional and/or future anticipated Medicare payments have not
been satisfied, defendants reserve the right to issue a multiparty settlement check, naming
Medicare as a payee or to issue a check to Medicare directly based upon Medicare's final

demand letter.
7.

This Stipulation and Order contains all the torms and conditions agreed

upon by the parties hereto, and no oral agreement entered into at any time nor any written
agreement entered into prior to the execution of this Stipulation and Order regarding the subject

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matter of the instant proceeding shall be deemed ro exist, or to biod the parties herem, ar ro vary
the terms and conditions contained herein.

MICHAEL A. CARDOZO
Corporation Counsel of the
City ofNew York
Attorney for Defendants City ofNew York and
Police Officer John Coyle
I 00 Church Street
New Yark, New Yark 10007
(212) 3 1-9848

Brett Klein, Esq.
Levanthal & Klein, LLP
Attorneys for Plaintiff
45 Main Street, Suite 230
Brooklyn, New York 11201

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By:

Blciein, Esq.

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....

By:
Di
guyen
Assistant Corporation Counsel

Attorney far Plaintiff

SO ORDERED:
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s/CBA