Chamberlain v. City of White Plains et al

Filing 350

INDICATIVE ORDER: IT IS, THEREFORE, ORDERED BY THE COURT that if this case is remanded to the District Court by the Court of Appeals, this Court will grant the parties' joint motion pursuant to Rule 62.1 of the Federal Rules of Civil Procedu re and proceed to approve the settlement herein in accordance with Estates, Powers and Trust Law §5-4.6 and dismiss the amended complaint with prejudice and without costs, disbursements or attorney's fees to any party. ENTERED this 26th day of October, 2023. (Signed by Judge Cathy Seibel on 10/26/2023) (ks) Modified on 10/26/2023 (ks).

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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KENNETH CHAMBERLAIN, JR., AS THE
ADMINISTRATOR OF THE ESTATE OF
KENNETH CHAMBERLAIN, SR.,
Plaintiff,

Docket No.: 12-cv-05142-CS

INDICATIVE ORDER

-againstCITY OF WHITE PLAINS; P.O. ANTHONY
CARELLI; P.O. STEVEN HART; P.O. STEVEN
DEMCHUK; SERGEANT STEPHEN FOTTRELL;
and SERGEANT KEITH MARTIN,
Defendants.
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This matter came before the Court upon the joint motion of the parties pursuant to Rule
62.1 of the Federal Rules of Civil Procedure, asking this Court to indicate its willingness to accept
the limited remand from the Court of Appeals and proceed to approve the settlement herein in
accordance with Local Civil Rule 83.2(b) and the Estates, Powers and Trust Law §5-4.6 and
dismiss the amended complaint with prejudice, without costs, disbursements or attorney’s fees to
any party;
Having considered the parties' motion and the entire record, the Court is of the opinion,
and so finds, that if the case is remanded to it by the Court of Appeals for the Second Circuit, it
will grant the relief requested.
IT IS, THEREFORE, ORDERED BY THE COURT that if this case is remanded to the
District Court by the Court of Appeals, this Court will grant the parties' joint motion pursuant to
Rule 62.1 of the Federal Rules of Civil Procedure and proceed to approve the settlement herein in

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accordance with Estates, Powers and Trust Law §5-4.6 and dismiss the amended complaint with
prejudice and without costs, disbursements or attorney’s fees to any party.
October
26th
ENTERED this __________
day of _____________,
2023

_________________________
Cathy Seibel
United States District Judge

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