Teeter v. United States of America et al

Filing 77

STIPULATION AND ORDER DISMISSING CASE: Granting the # 76 Stipulation for Compromise Settlement. Signed by Judge David N. Hurd on 6/23/2017. (mc)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
HARRY A. TEETER,
Plaintiff,
Civil Action No. 5: l 5-CV-117

v.

UNITED STATES OF AMERICA,
Defendant.

STIPULATION FOR COMPROMISE SETTLEMENT AND RELEASE OF
FEDERAL TORT CLAIMS ACT CLAIMS PURSUANT TO 28 U.S.C. § 2677
It is hereby stipulated by and between the undersigned plaintiff (meaning any person, other
than the defendant and the structured settlement broker, signing this agreement, whether or not a
party to this civil action), and the United States of America, by and through their respective
attorneys, as follows:
1. The parties do hereby agree to settle and compromise each and every claim of any kind,
whether known or unknown, arising directly or indirectly from the acts or omissions that gave rise
to the above-captioned action under the terms and conditions set forth in this Settlement
Agreement.
2. The United States of America, defendant, agrees to pay to the plaintiff, Harry Teeter,
the sum of ONE MILLION DOLLARS ($1,000,000.00), which sum shall be in full settlement and
satisfaction of any and all claims, demands, rights, and causes of action of whatsoever kind and
nature, arising from, and by reason of, any and all known and unknown, foreseen and unforeseen
bodily and personal injuries, damage to property and the consequences thereof, resulting, and to
result, from the same subject matter that gave rise to the above-captioned lawsuit, including any

claims for wrongful death, for which plaintiff or his heirs, executors, administrators, or assigns,
and each of them, now have or may hereafter acquire against the United States of America, its
agents, servants, and employees.
3.

This Stipulation For Compromise Settlement And Release is not, in anyway

intended to be, and should not be construed as, an admission of liability or fault on the part of the
United States, its agents, servants, or employees, and it is specifically denied that they are liable
to the plaintiff. This settlement is entered into by all parties for the purpose of compromising
disputed claims under the Federal Tort Claims Act and avoiding the expenses and risks of further
litigation.
4.

Plaintiff and his heirs, executors, administrators, or assigns, hereby agree to accept

the sum of ONE MILLION DOLLARS ($1,000,000.00) in full settlement and satisfaction of any
and all claims, demands, rights, and causes of action of whatsoever kind and nature, arising from,
and by reason of any and all known and unknown, foreseen and unforeseen bodily and personal
injuries, damage to property and the consequences thereof which they may have or hereafter
acquire against the United States of America, its agents, servants and employees on account of the
same subject matter that gave rise to the above-captioned lawsuit, including any future claim for
wrongful death. Plaintiff and his heirs, executors, administrators or assigns hereby further agree to
indemnify and hold harmless the United States of America, its agents, servants and employees
from any and all such causes of action, claims, liens, rights or subrogated or contribution interest
incident to or resulting from further litigation or the prosecution of claims by the plaintiff or his
heirs, executors, administrators or assigns against any third-party or against the United States,
including claims for wrongful death.

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5.

Plaintiff stipulates and agrees that he is legally responsible for any and all past,

present, and future liens and past, present, and future claims for payment or reimbursement,
including any past, present, and future liens or claims for payment or reimbursement by any
individual or entity, including an insurance company, Medicaid, and Medicare, arising from the
injuries that are the subject matter of this action. Plaintiff stipulates and agrees that he will satisfy
or resolve any and all such past, present, and future liens or claims for payment or reimbursement
asserted by any such individual or entity. Plaintiff and his attorney represent that, as of the date
they sign this Stipulation, they have made a diligent search and effort to determine the identity of
any individual or entity that has or may have a lien or a claim for payment or reimbursement arising
from the injuries that are the subject matter of this action. Plaintiff agrees that, no later than thirty
(30) days from the date any past, present, or future lien or claim for payment or reimbursement is
paid or resolved by plaintiff, they will provide to the United States evidence that said lien or claim
has been satisfied or resolved and that said lienholder or plaintiff has waived and released such
lien or claim. The evidence required by the terms of this Paragraph may be satisfied by a letter
from plaintiff's attorney representing to counsel for the United States that such lien or claim has
been satisfied or resolved and that the lienholder or plaintiff have waived and released such lien
and claim.
6.

It is also agreed, by and among the parties, that the settlement sum of ONE

MILLION DOLLARS ($1,000,000.00) represents the entire amount of the compromise settlement
and that the respective parties will each bear their own costs, fees, and expenses and that any
attorney's fees owed by the plaintiff will be paid out of the settlement amount and not in addition
thereto.

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7.

It is also understood by and among the parties that pursuant to Title 28, United

States Code, Section 2678, attorney's fees for services rendered shall not exceed 25 per centum of
the settlement amount.
8.

The persons signing this Settlement Agreement warrant and represent that they

possess full authority to bind the persons on whose behalf they are signing to the terms of the
settlement. By their signatures hereon, plaintiff, and counsel for plaintiff, certify that Harry Teeter
is neither an infant nor incompetent for whom a guardian has been appointed.
9.

Payment of the settlement amount of ONE MILLION DOLLARS ($1,000,000.00)

will be made by electronic funds transfer ("EFT") as per the information provided and verified by
counsel for plaintiff. Plaintiff's attorney agrees to distribute the settlement proceeds to the
plaintiff, and to obtain a dismissal of the above-captioned action with prejudice, with each party
bearing its own fees, costs, and expenses.
10.

Payment of the settlement amount of ONE MILLION DOLLARS ($1,000,000.00)

will be made electronically to Cherundolo Law Firm PLLC IOLA Attorney Trust Account,
attorney for the plaintiff.
11.

In consideration of the payment of ONE MILLION DOLLARS ($1,000,000.00) as

set forth above, plaintiff agrees that he will execute and file, with the Court, such documents as
shall be necessary to cause the above-styled action to be dismissed with prejudice from the docket
of the Court.
12.

The parties agree that this Stipulation For Compromise Settlement, including all

the terms and conditions of this compromise settlement and any additional agreements relating

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thereto, may be made public in their entirety, and the plaintiff expressly consents to such release
and disclosure pursuant to 5 U.S.C. § 552a(b).
13 .

It is contemplated that this Stipulation may be executed in several counterparts, with

a separate signature page for each party. All such counterparts and signature pages, together, shall
be deemed to be one document.
Executed this a)_ day of ;;:_. ,..) -(..,

Executed this

!£} day

ofj ~

,2017.
hn Cherundolo, Esq.
Attorney for Plaintiff
Cherundolo Law Firm
100 Madison Street
AXA Tower, 17th Floor
Syracuse, New York 13202
Bar Roll No. / o13~':)

Executed this

M

day of

Jul]e , 2017.

RICHARDS . HARTUNIAN
United States Attorney, N .D.N.Y.
100 South Clinton Street
Syracuse, New York 13261-7198

Assistant U.S. Attorney
Attorney for Defendant
Bar Roll No. 518971

SO ORDERED:
Hon. Therese Wiley Dancks
U.S. Magistrate Judge
Dated: - - - - - - - -, 2017
Syracuse, New York
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June 23, 2017