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)

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