Scaccia v. County of Onondaga, New York et al

Filing 34

ORDER DISMISSING CASE: approving the # 33 Stipulation of Discontinuance, the only pending claim in this action - plaintiff's Eighth Amendment claim against defendant Johnson in his individual capacity is discontinued with prejudice, and without costs or attorney's fees to either party as against the other. Signed by Judge Glenn T. Suddaby on 9/16/2011. (jmb)

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U.S. DISTRICT COURT -N.D OF NY, FILED SEP 1 6 2011 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK Civil Action No. RONALD A. SCACCIA, Plaintiff. AT O'CLOCK 5:07-CV-0207, (3 , Oerk - Syracuse v. STIPULATION OF DISCONTINUANCE COUNTY OF ONONDAGA, NEW YORK; TIMOTHY H. COWIN; KEVIN E. WALSH; and MARK JOHNSTON, M.D., Defendants. IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the attorneys of record for all the parties to the above-entitled action, that whereas no party hereto is an infant or incompetent person for whom a committee has been appointed and no person not a party has an interest in the subject matter of the action, the only pending claim in the above-entitled action - that is. Plaintiff's Eighth Amendment claim against Defendant Johnston in his individual capacity - be, and the same hereby is discontinued, with prejudice, and without costs or attorney's fees to either party as against the other. This stipulation may be filed without further notice with the Clerk of the Court. Dated: August XL? , 2011 THE HON. GORDON J. CUFFY Onondaga County Attorney Dated: August ,2011 SCACCIA LAW FIRM Attorneys for Plaintiff Attorney for Defendant Johnston Carol L. Rhinehart, Esq. Deputy County Attorney Dante M. Scaccia, Esq. Bar Roll No. 505749 Bar Roll No. 509096 County of Onondaga Department of Law 421 Montgomery Street, 10th Floor Syracuse, New York 13202 <3iflS3SOORDER T. Suddaby U.S. District Judge Dated: ^ ^ State Tower Building 109 South Warren Street, Suite 402 13202 Syracuse, New York {315)422-4000

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