Schoolcraft v. The City Of New York et al

Filing 541

JUDGMENT PURSUANT TO RULE 68: IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT: Pursuant to Rule 68 of the Federal Rules of Civil Procedure and the plaintiff's acceptance on September 29, 2015 of an Offer of Judgment by executing and filing the Offer of Judgment with the Court at Docket No. 531, plaintiff Adrian Schoolcraft will take a judgment against the City of New York in this action according to the terms of the Offer of Judgment, appended as Exhibit A to this Judgment, which are fully and completely incorporated herein. (Signed by Judge Robert W. Sweet on 10/15/2015) (ajs)

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Case 1:10-cv-06005-RWS Document 538-1 Filed 10/09/15 Page 2 of 8

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

---------------------------------------------------------------------------------ADRIAN SCHOOLCRAFT,

)(

10 Civ. 6005 (RWS)
Plaintiff,
JUDGMENT PURSUANT
TO RULE 68

-againstTHE CITY OF NEW YORK, et al.,
Defendants
--------------------------------------------------------------------------------- x

IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT:
Pursuant to Rule 68 of the Federal Rules of Civil Procedure and the plaintiffs acceptance
on September 29, 2015 of an Offer of Judgment by executing and filing the Offer of Judgment
with the Court at Docket No. 531, plaintiff Adrian Schoolcraft will take a judgment against the
City of New York in this action according to the terms of the Offer of Judgment, appended as
Exhibit A to this Judgment, which are fully and completely incorporated herein.
Dated:

New York, New York
~
t
20 i 5

I

- r2- ,

HON Robert W. Sweet, U.S.D.J

Case l:lO-cv-06005-RWS Document 538-1 Filed 10/09/15 Page 1of8

EXHIBIT A

Case 1:10-cv-06005-RWS Document 53ffi-1 Filed ID9/09/15 Page

a of 8

UNITED STATES DIS fRICT COURT
SOUTHERN DISTRICT OF NEW YORK
--------------------------------------------------------------------------------- x
10 Civ. 6005 (RWS)

ADRIAN SCHOOLCRAFT,
Plaintiff.

RULE 68 OFFER OF

-against-

JUDGMENT

THE Cl TY OF NEW YORK. et al.
Defendants

-------------------------------------------------------------------------------- x
Pursuant to Rule 68 of the Federal Rules of Civil Procedure. defendants the City
of Nev" York. Michael Manno. Gerald Nelson. Theodore Lauterborn. William Gough. Frederick
Sa\v)er. Kurt Duncan. Christopher Broschart. Timothy Caughey, Shantel James, Timoth) Trainor.
and FDNY Lieutenant Elise Hanlon (hereinafter "City Defendants'') hereby offer to allo\v plaintiff
Adrian Schoolcraft to take a Judgment against the City of New York in this action for the total
sum of SIX HUNDRED THOUSAND AND ONE DOLLARS ($600.001.00). in addition to back
pa) and benefits (to the extent not previously paid). from October 31. 2009 through December
31. 2015. includmg. 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 \\ ith the Collect1ve Bargaining Agreement
between the Patrolmen ·s Benevolent Association and the City of Ne\\ York (the '"CBA .. ). a'>
amended or supplemented and then in effect during the period of backpa;. and the Ne\\ York
City Police Pension Plan. Tier 2 (the .. Plan .. ). and all applicable la\1.-s. with the plamtiffs period
of service and pension plan membership to mclude the period of back pay.
The back pa) shall include: (i) the applicable base salar) under the CBA: (ii)
backpay for imputed overtime according to the CBA and governing law or agreements. as
fol lows 30 hour-, per) ear of overtime paid at the "Premium Rate (Uniformed Forces) .. , 80 hours

Case 1:10-cv-06005-RWS Document 5381-1 Filed ffi9/09/15 Page S of 8

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 lav. ful
ta\. \\ithholdmgs 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 plaintiffs 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 relief 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 v. ith 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 Ci\ll Procedure and is not to be construed as an admission of liability by Cit)
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 v. ill act to release and discharge the City
Defendants as well as defendant Steven Mauriello; their successors or as'iigns. 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
2

Case 1:10-cv-06005-RWS Document 53!B-1 Filed ffi8/09/15 Page§ of 8

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 b)
defendant Steven Mauriello arising out of the facts and circumstances that are the subject of this
action.
Acceptance of this offer of judgment also\\ ill operate to waive plaintiffs rights to
an) c !aim for judgment interest on the amount of the Judgment. other than pre-judgment interest
on an) backpay amounts.
Plaintiff Adrian

Schoolcraft

agrees

that

payment

of SIX

HUNDRED

THOUSAND AND O~E DOLLARS ($600.001.00). in addition to back pay 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 \\ ithholdings and applicable
deductions. within ninety (90) days of the date of acceptance of the offer shall be a reasonable
time for such payment.
Hovvever. if plaintiff received medical treatment in connection with the
under!) mg 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 plaintiff
submits to counsel for Cit) Defendants a final demand letter from Medicare.
By acceptance of this Rule 68 Offer of Judgment. plaintiff Adrian Schoolcraft
agrees to resolve an) claim that Medicare may have for reimbursement of conditional payments
it has made as secondary payer, and a \1edicare Set-Aside Trust shall be created. if required by
42 U.S.C. § 1395y(b) and 42 C.F.R. §§ 411.22 through 411.26.

Plaintiff Adrian Schoolcraft

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

3

Case 1:10-cv-06005-RWS Document 5381-1 Filed ffi9/09/15 Page !D of 8

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

known or unknown. made "' connection with this matter.

Dated·

New York, New York

September 16, 2015

ZACHARY W CARTER
Corporation Counsel of the
City of New York
Attorney for defendants the City of New York,
Marmo, Nelson. Lauterborn, Gough. Sawyer,
Duncan, Broschart, Caughey. James, Trainor, and
Hanlon
l 00 Church Street, Room 3-174

New York, New York 10007
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[phone],,u_
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Alan Schemer
Senior Counsel

SCOPPETT A SEIFF KRETZ & ABERCROMBIE

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By

WaJter A Kretz , Jr

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

Atforney for Steven Maur1ello

To

AUomeys f()r J'lainti/f

NA I HANrEL SM1TH. ESQ (vu1 hand delivery itnd ernui1)
! 11 Broadway, Suite 1305

New York. New York 10006
JON NORINSBERG, ESQ ( vw email)

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