Ramos v. Schadel et al

Filing 64

STIPULATION AND ORDER OF DISCONTINUANCE PURSUANT TO RULE 41(A). Signed by Judge David N. Hurd on 7/10/17. (alh, )

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK

DAVID RAMOS,
Plaintiff,
-against-

STIPULATION AND
ORDER OF
DISCONTINUANCE
PURSUANT TO RULE
41(A)

LAURA M SCHADEL; JILL M FRIEDMAN,
14-CV-0961

Defendants.

DNH/ATB

IT IS HEREBY STIPULATED AND AGREED by and between the undersigned, the
attorneys for Plaintiff and Defendants Laura M. Schadel and Jill M. Friedman, parties to the
above entitled-action, that, whereas no party hereto is an infant or incompetent person for whom
a committee has been appointe~ 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
cimunstances 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.

Plaintiff discontinues this action with prejudice and without damages, costs,

interest or attorneys' fees, and discharges and releases Defendants Laura M. Schadel and Jilt M.
Friedman and the State of New Yode, 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 or
claims against the Defendants and others released hereby pertaining to the underlying facts,
circumstances or incidents that gave rise to the aforementioned action, or any results of the
aforementioned facts, circumstances or incidents.
2.

This action is hereby discontinued with prejudice pursuant to Rule 4l(a) of the

Federal Rules of Civil Procedure.
3.

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.
4.

This settlement does not constitute a detennination 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 fonn and shall not be claimed as any
precedent for, or an agRCJDent by the parties to any generally applicable policy or procedure in
the future.

S.

Following the execution of this stipulation, and its being ordered by the Court,

Defendants Lama M. Schadel and Jill M. Frieclman shall pay to Plaintiff and bis attorneys the
sum of $50,000.00 in full settlement of any and all claims. Payment by Defendants Laura M.
Schadel and Jill M. Friedman of this amount shall be made as follows: One check, representing
payment for attorneys' fees and costs of Plaintiffs counsel in this litigation, shall be payable to
Plaintifrs attorney, Prisoners' Legal Services of New York, in the amowit of $20,000.00 and
shall be mailed to the attention of Sophia Heller, Esq.• Prisoners' Legal Services of New York,

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41 State Street, Suite Ml 12, Albany, NY 12207; the remaining sum of $30,000.00 shall be
deposited dim:tly into the Plaintiff's inmate account. Defendants' counsel, New York State
Office of the Attorney General, shall notify Plaintiff's counsel, in writing, as to when the funds
intended to satisfy the Plaintiff's portion of settlement proceeds contemplated herein arc
disbursed for deposit into the Plaintiff's inmate account.
6.

These amounts include all sums to which Plaintiff is entitled, including but not

limited to damages. costs, and attorneys' fees.
7.

Payment by Defendants Laura M. Schadel and Jill M. Friedman of the amount

specified in paragraph S is conditioned on the approval of all appropriate state officials in

accordance with the provisions for indemnification under section 17 of the New York State
Public Officers Law.
8.

The Department of Corrections and Community Supervision has determined that

the crime of conviction of Plaintiff David Ramos is a "specified crime" within the meaning of
the New York "Son of Sam" law as amended by Chapter 62 of the Laws of 2001. Because
payment of the amount to be paid to Plaintiff under paragraph S constitutes "funds of a convicted

person" under the Son of Sam Law, it is subject to provisions of Chapter 62 of the Laws of2001
and shall require an additional 30 day pre-payment period in order for the State to comply with

the notification requimnents of such law.
9.

1bis stipulation shall be null and void if the approvals referred to in paragraph 6

are not~ and this action shall then be placed back on the trial calendar without prejudice.
10.

Payment of the amount refeienced in paragraph S will be made within 120 days of

the Attorney General's receipt of this executed stipulation from the Plaintifrs Counsel. In the

event that the terms of paragraph S are satisfied, but payment is not made within the 120 day
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period, interest shall begin to accrue on the outstanding principal balance at the statutory rate on
the 12lst day after the Attorney General's receipt of the executed Stipulation from the Plaintifrs
Counsel.
11.

Plaintiff represents and warrants that he is not a Medicare recipient, that be 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.
12.

lbis stipulation is conditioned upon the issuance of an order of dismissal by the

Court which includes a provision explicitly retaining exclusive jurisdiction over the parties and
subject matter of this stipulation for all matters relating to this action and the settlement. In the
event that no such order is issued. or such an order is issued but later vacated or revoked. this
stipulation shall be null and void, and this action shall be placed back on the active docket
without prejudice.
13.

This stipulation may be executed in counterparts.

14.

The foregoing constitutes the entire agreement of the parties.

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Dated: June i, . 2017
O
Albany, New York

~TJ. Y--David Ramos
Eastern NY Correctional Facility
30 Institution Road

POBox338

Napanoch, New York 12458·0338
Dated: JWle Z'- . 2017
Albany, New York

Sophia Heller, Esq.
Attorneys for Plaintiff
Prisoner's Legal Services ofNew York
41 State Stree~ Suite M 112
Albany,NY 12207

Dated: JWle -Sb, 2017
Albany, New York

ERIC T. SCHNEIDERMAN
Attorney for tM Defendants
Attomey General of the State of New York
The Capitol

Albany, New York 12224-0341

By:

~~i:)~=='
Brian W. Matula, Esq.

Assistant Attomey General, of Counsel
Bar Roll No. SI 1717
Telephone: [phone]
Fax: [phone] (Not for service of.papers.)
Email: [e-mail]

SO ORDERED:

HON. DAVID N. HURD
UNITED STATES DISTRICT COURT JUDGE

s
July 10, 2017