Christina v. The City of New York et al

Filing 54

JUDGMENT: NOW, IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT: Pursuant to Rule 68 of the Federal Rules of Civil Procedure, plaintiff will take judgment against defendant City of New York in this action for the sum of Five Thou sand Five Hundred and One Dollars ($5,501.00), plus reasonable attorneys' fees, expenses and costs to the date of the 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 defendants 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 judgment shall not to be construed as an admission of liability by defendants or any official, employee, or age nt of the City of New York, or any agency thereof; nor it is an admission that plaintiff has suffered any damages. accepting defendants' offer of judgment, plaintiff releases and discharges defendants; 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 circumstanc es that are the subject of this action. By accepting the offer of judgment, plaintiff waived plaintiff's rights to any claim for interest on the amount of the judgment. By accepting the offer of judgment, plaint iff agreed that the aforesaid payment of Five Thousand Five Hundred and One Dollars ($5,501.00) to plaintiff within ninety (90) days of the date of acceptance of the offer shall be a reasonable time for such payment, unless 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. If plaintiff is a Medicare recipient who r eceived medical treatment in connection with the claims in this case, the ninety (90) day period for payment shall start to run from the date a Medicare recipient plaintiff submits to Counsel for Defendants a final demand letter from Medicare. All other provisions as further set forth in this Judgment. So Ordered. (Signed by Judge J. Paul Oetken on 11/18/2021) (js)

Case 1:20-cv-08163-JPO Document 54 Filed 11/18/21 Page 1 of 3

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
----------------------------------------------------------------------------X 20 CV 8163 (JPO)
CHRISTINA GAVIN,
Plaintiff,

JUDGMENT

-againstTHE CITY OF NEW YORK,
POLICE SERGEANT MATTHEW TOCCO (TAX ID 940805),
AND INSPECTOR GERARD DOWLING (TAX 915640)
Defendants.
----------------------------------------------------------------------------X

WHEREAS, on November 4, 2021, pursuant to Rule 68 of the Federal Rules of
Civil Procedure, defendants offered to allow plaintiff to take judgment against the City of
New York; and
WHEREAS, plaintiff accepted defendants’ Rule 68 Offer of Judgment.

NOW, IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT:
1.

Pursuant to Rule 68 of the Federal Rules of Civil Procedure,

plaintiff will take judgment against defendant City of New York in this action for the sum
of Five Thousand Five Hundred and One Dollars ($5,501.00), plus reasonable attorneys’
fees, expenses and costs to the date of the offer for plaintiff’s federal claims.
2.

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 defendants or any official, employee, or

Case 1:20-cv-08163-JPO Document 54 Filed 11/18/21 Page 2 of 3

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.
3.

This judgment shall not to be construed as an admission of liability

by defendants or any official, employee, or agent of the City of New York, or any agency
thereof; nor it is an admission that plaintiff has suffered any damages.
4.

In accepting defendants’ offer of judgment, plaintiff releases and

discharges defendants; 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.
5.

By accepting the offer of judgment, plaintiff waived plaintiff’s

rights to any claim for interest on the amount of the judgment.
6.

By accepting the offer of judgment, plaintiff agreed that the

aforesaid payment of Five Thousand Five Hundred and One Dollars ($5,501.00) to
plaintiff within ninety (90) days of the date of acceptance of the offer shall be a
reasonable time for such payment, unless 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. If plaintiff is a Medicare recipient who received
medical treatment in connection with the claims in this case, the ninety (90) day period
for payment shall start to run from the date a Medicare recipient plaintiff submits to
Counsel for Defendants a final demand letter from Medicare.
7.

By acceptance of this Rule 68 Offer of Judgment, plaintiff agrees to

resolve any claim that Medicare may have for reimbursement of conditional payments it

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Case 1:20-cv-08163-JPO Document 54 Filed 11/18/21 Page 3 of 3

has made as a secondary payer, and a Medicare 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
further agrees to hold harmless defendants and all past and present officials, employees,
representatives and agents of the City of New York, or any agency thereof, regarding any
past and/or future Medicare payments, presently known or unknown, made in
connection with this matter. The Clerk is directed to close this case.

Dated: New York, New York
November 18, 2021

____________________________________
HON. J. PAUL OETKEN, U.S.D.J

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