Schoolcraft v. The City Of New York et al

Filing 538

LETTER MOTION for Leave to File for Entry of Proposed Judgment and Proposed Order of Dismissal addressed to Judge Robert W. Sweet from Alan H. Scheiner dated 10/9/2015. Document filed by Christopher Broschart(Tax Id. 915354 in his official capacity), Timothy Caughey(Tax Id. 885374 Individually), Kurt Duncan(Shield No. 2483, Individually), William Gough(Tax Id. 919124, Individually), Elise Hanlon(in her official capacity as a lieutenant with the New York City Fire Department), Shantel James(Shield No. 3004 in his official capacity), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Michael Marino, Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), Frederick Sawyer(Shield No. 2576 in his official capacity), The City Of New York, Timothy Trainer(Tax Id. 899922, in his Official Capacity). (Attachments: # 1 Exhibit Proposed Judgment, # 2 Exhibit Proposed Order of Dismissal)(Scheiner, Alan)

EXHIBIT B

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
X
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ADRIAN SCHOOLCRAFT,

10 Civ. 6005 (RWS)
Plaintiff,
DISMISSAL WITH
PREJUDICE PURSUANT
TO JUDGMENT

-againstTHE CITY OF NEW YORK, et al.,

Defendants
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WHEREAS, on September 16, 2015, pursuant to Rule 68 of the Federal Rules of Civil
Procedure, defendants the City of New York, Michael Marino, Gerald Nelson, Theodore
Lauterborn, William Gough, Frederick Sawyer, Kurt Duncan, Christopher Broschart, Timothy
Caughey, Shantel James, Timothy Trainor, and Elise Hanlon (hereinafter “City Defendants”)

served on plaintiff an Offer of Judgment, offering, among other things, to allow plaintiff Adrian
Schoolcraft to take a judgment against the City of New York in this action; and
WHEREAS, on September 29, 2015, pursuant to Rule 68 of the Federal Rules of Civil
Procedure, plaintiff accepted the Offer of Judgment by executing and filing the Offer of
Judgment with the Court, at Docket No. 531 (the “Offer of Judgment”); and
WHEREAS, the Offer of Judgment provided, among other things, that:
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 of the City of
New 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 of this action.
Acceptance of this offer of judgment will act to release and
discharge plaintiff and his successors or assigns from any and all
claims that were or could have been alleged by defendant Steven
Mauriello arising out of the facts and circumstances that are the
subject of this action.

IT IS HEREBY ORDERED THAT:
Pursuant to the plaintiff’s acceptance of the Offer of Judgment, and the Judgment entered
herein pursuant to Fed. R Civ. P. 68, plaintiff’s claims against the individual defendants Michael
Marino, Gerald Nelson, Theodore Lauterborn, William Gough, Frederick Sawyer, Kurt Duncan,
Christopher Broschart, Timothy Caughey, Shantel James, Timothy Trainor, Elise Hanlon, and

Steven Mauriello, and any other defendants being present or former agents or employees of the
City of New York heretofore named in this action and not previously dismissed, if any (not to
include Jamaica Hospital Medical Center, Isak Isakov or Lilliana Aldana-Bernier), and defendant
Mauriello’s counterclaim against plaintiff, are hereby DISMISSED WITH PREJUDICE.
Dated:

New York, New York
________________, 2015

___________________________
Hon. Robert W. Sweet, U.S.D.J

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