Ford v. Smith et al
Filing
80
STIPULATION AND ORDER OF DISCONTINUANCE PURSUANT TO RULE 4l(A). Signed by Magistrate Judge Christian F. Hummel on 7/17/2014. (ptm) (Copy served on plaintiff by regular mail)
u.s 01srn1c1 COUIH - N.D. OI" N.Y.
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
AT
FILED
JUL z1 201Jt
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O'CLOCK_ __
Lawrence K. Baerman, Clerk - Syracuse
COREY FORD
Plaintiff,
-against-
STIPULATION AND ORDER
OF DISCONTINUANCE
PURSUANT TO RULE 4l(A)
l l-cv-00212
JOSEPH T. SMITH, et al.,
Defendants.
GTS/RFT
CFH [Mediation]
IT IS HEREBY STIPULATED AND AGREED by and between the undersigned, plaintiff
Corey Ford, Daniel R. Rose, Esq., an attorney with Costello, Cooney Law Firm, appearing for
plaintiff, and Eric T. Schneiderman, Attorney General of the State of New York, Colleen D.
Galligan, Assistant Attorney General, of counsel, appearing for defendants, 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 above-entitled action be and the same hereby is settled on the particular circumstances of
this case, on the following terms and conditions, which it is agreed are of and shall have no legal
precedential value in any other case either between the parties to this case or any other parties:
1.
Pursuant to Rule 41(a) of the Federal Rules of Civil Procedure, plaintiff hereby
discontinues this action with prejudice and without damages, costs, interest or attorneys fees, under
the conditions described in Paragraph 5 of this agreement, as against Ryan Law ("defendant"), and
discharges and releases defendant Law, and the State of New York, including its agencies,
subdivisions, employees, private contractors or assignees, of any and all claims, demands, or causes
of actions, known or unknown, now existing or hereafter arising, whether presently asserted or not,
which relate in any way to the subject matter of this action, and further agrees to discontinue and/or
not to commence or to pursue in any court, arbitration or administrative proceeding, any litigation,
appeal or claim against the defendant and others released hereby pertaining to the underlying facts,
circumstances or incidents that gave rise to the aforementioned actions, or any results of the
aforementioned facts, circumstances or incidents.
2.
The parties agree that no provision of this settlement shall be interpreted to be an
acknowledgment of the validity of any of the allegations or claims that have been made in the action.
3.
This settlement does not constitute a determination of, or admission by any party to
any underlying allegations, facts or merits of their respective positions. The settlement of this action
is limited to the circumstances in this case alone and shall not be given effect beyond the specific
provisions stipulated to. This settlement does not form and shall not be claimed as any precedent for
or an agreement by the parties to any generally applicable policy or procedure in the future.
4.
Following the execution of this Stipulation, and its being ordered by the Court the
settling defendant shall pay to plaintiff the sum of One Thousand Five Hundred ($1500.00) Dollars
in full settlement of any and all claims, which amount includes all sums to which plaintiff is
entitled, including but not limited to damages, costs, and attorney's fees. Plaintiffs check will be
mailed to Great Meadow Correctional Facility for deposit in his inmate account, or, in the event
plaintiff is transferred prior to the issuance of the check, to the correctional facility in which he is
incarcerated at the time the check is mailed.
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5.
Payment by the settling defendant of the amount specified in paragraph 5 is
conditioned on the approval of all appropriate state officials in accordance with the provisions for
indemnification under section 17 of the New York Public Officers Law.
6.
Payment of the amount referenced in paragraph 5 will be made within one hundred
and twenty (120) days after the approval of this Stipulation by the Court and receipt by counsel of a
copy of the so-ordered stipulation, unless the provisions of Chapter 62 of the Laws of2001 apply to
the plaintiff and the payment hereunder constitutes "funds of a convicted person" under the Son of
Sam Law, in which event, the one hundred and twenty (120) day payment period shall be extended
by an additional thirty (30) days to allow for compliance with that law.
7.
In the event that the terms of paragraph 6 are satisfied, but payment is not made
within the periods set forth in paragraph 7, interest shall begin to accrue on the outstanding principal
balance at the statutory rate on the 121 st day after court approval or the 151 st day after court
approval if the provisions of Chapter 62 of the Laws of 2001 apply to plaintiff.
8.
This stipulation shall be null and void if the approvals referred to in paragraph 6 are
not obtained, and these actions shall then be placed back on the active docket without prejudice.
9.
Plaintiff represents and warrants that he is not a Medicare recipient, that he has never
been on Medicare or Social Security Disability, that no conditional payments have been made by
Medicare, and that he does not expect to be a Medicare recipient within the next 30 months.
10.
The foregoing constitutes the entire agreement of the parties.
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Dated: Albany, New York
July 17, 2014
Dated: Albany, New York
July 17, 2014
Daniel R. Rose, Esq.
Costello, Cooney Law Firm
Counsel for Plaintiff
500 Plum Street, Suite 300
Syracuse, NY 13204
(315) 422-1152
Dated: Albany, New York
July 17, 2014
ERIC T. SCHNEIDERMAN
Attorney General of the State of New York
Attorney for Defendants
The Capito} Albany, New Y ' 12224-0341
By:
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~Lf!,e,_c:-/
COLLEEN D. GALLIGA1l_
Assistant Attorney General, o- Counsel
Bar Roll No. 105167
Telephone: (518) 474-4402
Email: colleen.galligan@ag.ny.gov
Dated:
Albany, New York
July 17, 2014
SO ORDERED:
HON. CHRISTIAN F. HUMMEL
UNITED STATES MAGISTRATE JUDGE
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