Revels v. Correctional Medical Care, Inc. et al

Filing 223

ORDER granting 222 Motion for Approval of Settlement. Signed by U.S. District Judge Mae A. D'Agostino on 02/27/2023. (ban)

Case 9:17-cv-00088-MAD-TWD Document 223 Filed 02/27/23 Page 1 of 4

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
____________________________________________
CRYSTAL REVELS, as Administratrix of the
Estate of Michael Revels,
Plaintiff,
vs.
9:17-CV-00088
(MAD/TWD)
CORRECTIONAL MEDICAL CARE, INC.,
et al.,
Defendants.
____________________________________________
APPEARANCES:

OF COUNSEL:

LAW OFFICES OF ELMER R. KEACH, III, P.C.
One Pine West Plaza - Suite 109
Albany, New York 12205
Attorneys for Plaintiff

ELMER R. KEACH, III, ESQ.

STEINBERG, SYMER & PLATT, LLP
Steinberg, Symer & Platt, LLP
27 Garden Street
Poughkeepsie, New York 12601
Attorneys for Defendants Correctional Medical
Care, Inc., CBH Medical, P.C., and Emre Umar

JONATHAN E. SYMER, ESQ.

MAYNARD, O'CONNOR, SMITH &
CATALINOTTO, LLP
6 Tower Place
Albany, New York 12203
Attorneys for Defendant Russell Fricke

KAREN A. BUTLER, ESQ.
JESSICA A. ROUNDS, ESQ.
KELLY ANN KLINE, ESQ.

Mae A. D'Agostino, U.S. District Judge:
ORDER
Plaintiff Crystal Revels, as Administratrix of the Estate of Michael Revels, brought this
action alleging federal and state claims against Defendants Correctional Medical Care, Inc.

1

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("CMC"), CBH Medical, P.C. ("CBH"), Emre Umar, Nurse Deiah Farley, John Does 1-3
(collectively, the "CMC Defendants"), Schenectady County, Sheriff Dominic D'Agostino, Jail
Administrator Jim Barrett (collectively, the "County Defendants"), and Doctor Russell Fricke on
January 26, 2017. See Dkt. No. 1. The remaining Defendants are CMC, CBH, Emre Umar, and
Doctor Russell Fricke. A settlement conference took place on June 23, 2022. See Dkt. No. 214.
Before the Court is Plaintiff's motion to approve the settlement agreement to which Defendant did
not file a response. See Dkt. No. 222.
Because this action involved the alleged wrongful death of Michael Revels, a formal
motion to approve the settlement was required pursuant to New York State Estates, Powers and
Trusts Law § 5-4.6 and New York State Surrogate's Court Procedure Act § 2204, which is now
before the Court.
Having reviewed Plaintiff's submissions, the Court finds that the $425,000 settlement is
fair and reasonable under the facts and circumstances of this case, including potential weaknesses
or challenges in the case, limits on damages, and significant risk and expense should the case
proceed to trial. See Dkt. No. 222-1 at ¶¶ 7-12. Moreover, the $141,666.25 in attorneys' fees
sought by counsel is reasonable.1 Accordingly, Plaintiff's Motion for Approval of Settlement is
granted.
CONCLUSION
Accordingly, the Court hereby
ORDERS that Plaintiff's motion for approval of settlement (Dkt. No. 222) is GRANTED;
and the Court further

1

The settlement requires that Plaintiff waive her right to seek attorneys' fees and costs under 42
U.S.C. § 1988, and the right to appeal the dismissal of federal claims. See Dkt. No. 222-1 at ¶ 14.
2

Case 9:17-cv-00088-MAD-TWD Document 223 Filed 02/27/23 Page 3 of 4

ORDERS that Crystal Revels, as Administratrix of the Estate of Michael Revels,
Deceased, is authorized to settle Decedent Michael Revels' claims against Defendants, in the total
sum of $425,000; and the Court further
APPROVES the total sum of TWO HUNDRED SIXTY FOUR THOUSAND SIX
HUNDRED TWO AND TEN CENTS ($264,602.10) to the Estate of Michael Revels; and the
Court further
APPROVES the settlement proceeds of TWO HUNDRED EIGHTY TWO ONE
HUNDRED SIXTY THREE AND EIGHTY SIX CENTS ($282,163.86)2 to be paid care of
Plaintiff's counsel for placement in an insured, interest-bearing escrow account for the distributes
of the Estate; and the Court further
APPROVES a structured settlement of the proceeds of the settlement, the exact amounts
of which will not be known until Surrogate's Court approval, however the outlines of such are set
forth in the proposed stipulation of settlement; and the Court further
APPROVES that Defendants CMC and CBH's insurer, Physicians Reciprocal Insurance,
pay $701.93 and Defendant Fricke's insurer, MLMIC, pay $467.96 directly to the Centers for
Medicare and Medicaid Services in settlement of a lien against the Estate of Michael Revels; and
the Court further
APPROVES the sum of EIGHTEEN THOUSAND SEVEN HUNDRED THIRTY ONE
AND SIXTY FIVE CENTS ($18,731.65) in reimbursement for litigation expenses, and ONE
HUNDRED FORTY ONE SIX HUNDRED SIXTY SIX AND TWENTY FIVE CENTS

2

This amount represents the money to be awarded to Plaintiff and litigation costs. See Dkt. No.
222-9 at 2.
3

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($141,666.25) in attorneys' fees, totaling $160,397.90, awarded to Elmer Robert Keach, III, P.C.;
and the Court further
APPROVES a structured settlement of ONE HUNDRED FORTY ONE SIX HUNDRED
SIXTY SIX AND TWENTY FIVE CENTS ($141,666.25) as payment of all attorneys' fees,
payable to Elmer Robert Keach, III, P.C.; and the Court further
ORDERS that Crystal Revels, as Administratrix of the Estate of Michael Revels,
Deceased, is authorized to execute any and all such documents as may be necessary to effectuate
and collect this settlement; and the Court further
ORDERS that Elmer R. Keach, III is authorized to prepare and execute all such
documents as may be necessary to effectuate and collect this settlement.
IT IS SO ORDERED.
Dated: February 27, 2023
Albany, New York

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