Matthews et al v. Cuomo et al

Filing 310

STIPULATION AND ORDER OF DISCONTINUANCE OF PLAINTIFF ROBERT NEGRON PURSUANT TO RULE 41(a). Signed by Senior Judge Thomas J. McAvoy on January 4, 2022. (nas )

Case 9:17-cv-00503-TJM-ML Document 310 Filed 01/04/22 Page 1 of 2

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK

LUKE MATTHEWS, CARLOS GOMEZ, GENTL
BONDS, ROBERT SMITH, ROBERT NEGRON and
KASIEM CHAVES,
Plaintiffs,
-againstNEW YORK STATE DEPARTMENT OF
CORRECTIONS AND COMMUNITY SUPERVISION, et
al.,

STIPULATION AND
ORDER OF
DISCONTINUANCE OF
PLAINTIFF ROBERT
NEGRON PURSUANT TO
RULE 41(a)
17-CV-0503
TJM/ML

Defendants.

IT IS HEREBY STIPULATED AND AGREED by and between the undersigned, the attorneys
for plaintiffs and defendants, 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:

1. Plaintiff Robert Negron voluntarily agrees to dismissal of all his claims in this action
asserted against all named defendants pursuant to Fed. R. Civ. P. 41(a) with prejudice and
without damages, costs, interest or attorneys’ fees.
2. Consistent with the foregoing, defendants agree that, upon the Court “so ordering” this
Stipulation and Order of Voluntary Dismissal, defendants will not seek any costs, interest or
attorneys’ fees from plaintiff Robert Negron with respect to this action.

[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]

Case 9:17-cv-00503-TJM-ML Document 310 Filed 01/04/22 Page 2 of 2

3. The foregoing constitutes the entire agreement of the parties.

Dated: New York, New York
December 21, 2021
_/s/Marc A. Cannan_______
Marc A Cannan, Esq.
Attorney for Plaintiffs
Beldock, Levine & Hoffman, LLP
99 Park Avenue, PH/26th Floor
New York, NY 10015
212-490-0400
Email: [e-mail]

Dated: Albany, New York
December 21, 2021
LETITIA JAMES
Attorney General of the State of New York
Attorney for Defendants
The Capitol
Albany, New York 12224-0341
By: s/ Erik Pinsonnault
Erik Pinsonnault
Assistant Attorney General, of Counsel
Bar Roll No. 107509
Telephone: [phone]
Email: [e-mail]
Dated:

Binghamton, New York
_____________, 20___
22
January 4
SO ORDERED:

HON. THOMAS J. MCAVOY
UNITED STATES DISTRICT COURT JUDGE

2