Chamberlain v. City of White Plains et al

Filing 354

ORDER: IT IS, THEREFORE, ORDERED BY THE COURT that: (1) The Court hereby approves the settlement of this matter for the sum of $5,000,000.00; (2) The Court approves the payment to Newman Ferrara LLP of the sum of $1,666,666.67 for attorneys ' fees; (3) The Court approves the payment to Newman Ferrara LLP of the sum of $114,454.87 for costs and expenses; (4) The Court also approves the payment to Loeb, Block & Partners LLP, attorneys for plaintiff administrator, as escrow agent , pending application to the Surrogate Court, Westchester County, the sum of $3,218,878.46; (5) Upon compliance with the terms of this Order, all claims against all defendants will be dismissed with prejudice. ENTERED this 21st day of November, 2023. (Signed by Judge Cathy Seibel on 11/21/2023) (vfr) Transmission to Finance Unit (Cashiers) for processing.

Case 7:12-cv-05142-CS Document 353-1 Filed 11/20/23 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
----------------------------------------------------------------------KENNETH CHAMBERLAIN, JR., AS THE
:
ADMINISTRATOR OF THE ESTATE OF
:
KENNETH CHAMBERLAIN, SR.,
:
Plaintiff,
-againstCITY OF WHITE PLAINS; P.O. ANTHONY
CARELLI; P.O. STEVEN HART; SERGEANT
STEPHEN FOTTRELL; and SERGEANT KEITH
MARTIN,
Defendants.

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Docket No.: 12-cv-05142 (CS)

ORDER

---------------------------------------------------------------------WHEREAS on October 26, 2023, the parties entered into a Stipulation of Settlement
wherein the City of White Plains agreed to pay the Estate of Kenneth Chamberlain, Sr.,
represented by Plaintiff Kenneth Chamberlain, Jr., as the administrator of said Estate, the sum of
Five Million Dollars ($5,000,000) in full satisfaction of all claims, including claims for costs,
expenses and attorneys’ fees;
WHEREAS on October 26, 2023, the Court issued an Indicative Order that stated that if
the case was remanded by the Court of Appeals for the Second Circuit, the Court would,
pursuant to Local Civil Rule 83.2(b) and the New York Estates, Powers and Trust Law, §5-4.6,
approve the fully executed settlement agreement between the parties herein;
WHEREAS, on November 7, 2023, the parties, pursuant to Rule 42 of the Federal Rules
of Appellate Procedure, voluntarily dismissed with prejudice the pending appeals;
WHEREAS, on November 7, 2023, the Second Circuit so ordered the voluntary
stipulation withdrawing the appeals, and issued the Mandate returning jurisdiction to this Court;

Case 7:12-cv-05142-CS Document 353-1 Filed 11/20/23 Page 2 of 2

IT IS, THEREFORE, ORDERED BY THE COURT that:
(1) The Court hereby approves the settlement of this matter for the sum of
$5,000,000.00;
(2) The Court approves the payment to Newman Ferrara LLP of the sum of
$1,666,666.67 for attorneys’ fees;
(3) The Court approves the payment to Newman Ferrara LLP of the sum of
$114,454.87 for costs and expenses;
(4) The Court also approves the payment to Loeb, Block & Partners LLP,
attorneys for plaintiff administrator, as escrow agent, pending application to the
Surrogate Court, Westchester County, the sum of $3,218,878.46;
(5) Upon compliance with the terms of this Order, all claims against all
defendants will be dismissed with prejudice.

November
21st
ENTERED this _______
day of ___________,
2023

________________________________
HON. X
P. CATHY SEIBEL
UNITED STATES DISTRICT JUDGE