Schoolcraft v. The City Of New York et al

Filing 531

NOTICE of Acceptance with Offer of Judgment . Document filed by Adrian Schoolcraft. (Attachments: # 1 Exhibit Offer of Judgment, # 2 Affidavit Proof of Service)(Fuchs, Ilyssa)

EXHIBIT
“A”

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

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)(

ADRIAN SCHOOLCRAFT.

10 Civ. 6005 (RWS)
Plaintiff.

RULE 68 OFFER OF

-against-

JUDGMENT

THE CITY OF NEW YORK. et al..
Defendants
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Pursuant to Rule 68 of the Federal Rules of Civil Procedure, defendants the City
ofNew York, Michael Marino. Gerald Nelson. Theodore Lauterborn. William Gough. Frederick
Sawyer. Kurt Duncan, Christopher Broschart, Timothy Caughey, Shantel James, Timothy Trainor.
and FDNY Lieutenant Elise Hanlon (hereinafter "City Defendants") hereby offer to a]]O\v plaintiff
Adrian Schoolcraft to take a judgment against the City of "lew York in this action for the total
sum of SIX HUNDRED THOUSAND AND ONE DOLLARS ($600.001.00). in addition to back
pay and benefits (to the extent not previously paid). from October 31, 2009 through December
31. 2015. including. but not limited to, vested pension and other retirement benefits (including
any medical retirement benefits) resulting therefrom. to be calculated for a police officer of the
same rank and seniority as plaintiff. in accordance with the Collective Bargaining Agreement
between the Patrolmen· s Benevolent Association and the City of Ne\\ York (the "CBA "). as
amended or supplemented and then in effect during the period of backpay. and the Ne\\ York
City Police Pension Plan, Tier 2 (the "Plan"), and all applicable Iavis, with the plaintiffs period
of service and pension plan membership to include the period of back pay.
The back pay shall include: (i) the applicable base salary under the CBA: (ii)
backpay for imputed overtime according to the CBA and governing law or agreements. as
follows: 30 hours per year of overtime paid at the "Premium Rate (Uniformed Forces)"; 80 hours

of overtime per year paid at the "Night Rate (Companion Code)" and ''Premium Night Rate":
and 45 hours of overtime per year paid at the ''Portal to Portal Same Borough Rate''; (iii) all
pension plan contributions as called for by the Plan during the backpay period; (iv) less lawful
tax withholdings and applicable deductions; and (v) plus pre-judgment interest on backpay at the
applicable federal law rate.
Should plaintiff accept this offer of judgment. plaintiff shall be entitled to
reasonable attorneys' fees. expenses. and costs to the date of this offer for plaintitTs federal
claims.
This judgment shall be in full satisfaction of all federal and state law claims or
rights that plaintiff may have to damages, or any other form of relie( arising out of the alleged
acts or omissions of City Defendants, Steven Mauriello or any officiaL employee, or agent either
past or present, of the City of New York, or any agency thereof, in connection with the facts and
circumstances that are the subject of this action.
This offer of judgment may only be accepted up to and including September 30.
2015.
This offer of judgment is made for the purposes specified in Rule 68 of the
Federal Rules of Civil Procedure and is not to be construed as an admission of liability by City
Defendants, Steven Mauriello. or any other official, employee. or agent of the City of New York.
or any agency thereof; nor is it an admission that plaintiff has suffered any damages.
Acceptance of this offer of judgment will act to release and discharge the City
Defendants as well as defendant Steven Mauriello; their successors or assigns; and all past and
present officials, employees, representatives, and agents ofthe City ofNew York, or any agency
thereof, from any and all claims that were or could have been alleged by plaintiff arising out of
the facts and circumstances that are the subject ofthis action.
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Acceptance ofthis offer of judgment will act to release and

dischargt~

plaintiff and

his successors or assigns from any and all claims that were or could have been alleged b)
defendant Steven Mauriello arising out of the facts and circumstances that are the subject of this
action.
Acceptance ofthis offer of judgment also \viii operate to waive plaintiffs rights to
any claim for judgment interest on the amount of the judgment, other than pre-judgment interest
on any backpay amounts.
Plaintiff Adrian

Schoolcraft

agrees

that

payment

of SIX

HUNDRED

THOUSAND AND ONE DOLLARS ($600,001.00). in addition to back pa) and benefits.
including. but not limited to. pension and other retirement benefits (including medical benefits)
to the extent then payable, through December 31, 2015, less lawful \Vithholdings and applicable
deductions. within ninety (90) days of the date of acceptance of the offer shall be a reasonable
time for such payment.
However. if plaintiff received medical treatment in connection with the
underlying claims in this case for which Medicare has provided, or will provide. payment in full
or in part. then the ninety (90) day period for payment shall start to run from the date plaintitl
submits to counsel for City Defendants a final demand letter from Medicare.
By acceptance of this Rule 68 Offer of Judgment. plaintiff Adrian Schoolcraft
agrees to resolve any claim that Medicare may have for reimbursement of conditional payments
it has made as secondary payer, and a Medicare Set-Aside Trust shall be created, if required b)
42 U.S.C. § 1395y(b) and 42 C.F.R. §§ 411.22 through 411.26.

Plaintiff Adrian Schoolcraft

further agrees to hold harmless City Defendants and defendant Deputy Inspector Steven
Mauriello and all past and present officials. employees, representatives and agents ofthe City of

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New York, or any agency thereof, regarding any past and/or future Medicare payments, presently

known or unknown, made in connection with this matter.

Dated;

New York, New York
September 16, 201 5

ZACHARY W. CARTER
Corporation Counsel ofthe
City of New York
Atlorney for defendants the City ofNew York,
Marino, Nelson, Lauterborn, Gough, Sawyer,
D1.1ncan, Bro.~chart, Caughey, James, Trainor, and
Hanlon
100 Church Street, Room 3-174
New York, New York 10007
[phone]'2/''
/'
/f
By
(/
~:-'(A_

A /an Scheiner
Senior Counsel

SCOPPETT A SETFF KRETZ & ABERCROMBIE
By

l . /")., __ (f. ·\ \
Walter A Kretz, Jr

\

444 Madison Avenue, 30th Floor I
New York, NY l 0022
[phone]

Attorney for Steven Mauriello
To

AHorneys fur Plaintiff
N A'l HANrEL SM1TH, ESQ (via hand delivery 11nd email)
! 11 Broadway, Suite 1305

New York, New York 10006

JON NORJNSBERG, ESQ. (via email)

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