Connecticut Fund for the Environment, Inc. d/b/a Save the Sound v. Westchester County, New York
Filing 280
SECOND AMENDED ORDER OF DISMISSAL WITH RESPECT TO DEFENDANT VILLAGE OF PORT CHESTER... IT IS HEREBY STIPULATED BETWEEN THE PARTIES AND ORDERED, ADJUDGED AND DECREED BY THE COURT AS FOLLOWS: This Second Amended Order shall come into effect on the date it is entered by the Court (the "Effective Date"). Port Chester agrees and admits that it has an obligation to comply with the applicable flow limits of the County Sewer Act. Port Chester shall pay a sum of fifteen thousand dollars ($15,000) as full and complete satisfaction of Plaintiffs' claims for attorneys' fees and costs incurred to date, including for monitoring compliance with the prior orders of this Court. Port Chester has placed the payment in escrow with its attorney. Port Chester hereby authorizes and instructions its attorney to transfer the payment to Super Law Group within five (5) business days of the Effective Date by check or electronic transfer. A check shall be payable to "Super Law Group, LLC Attorney Trust - IOLA" and will be deposited in Super Law Group's IOLA Trust Account for the benefit of Plaintiffs. This Second Amended Consent Order shall not constitute an admission of liability or responsibility for an y claims, costs, or damages asserted in the Complaint. This Second Amended Consent Order shall not be useable by any party in any action or proceeding, except in any action or proceeding brought to enforce the terms of this Second Amended Order. Notwithstanding the dismissal of the litigation against Port Chester, the Court shall maintain jurisdiction over Port Chester for the purpose of enforcing the terms of this Second Amended Order. Unless a motion seeking to enforce this order is fi led with the Court on or before March 31, 2024, this Court's jurisdiction over Port Chester for the purpose of enforcing this Second Amended Order shall terminate on April 1, 2024. The Clerk shall terminate ECF No. 278. ENTERED., Motions terminated: 278 CONSENT MOTION to Approve Consent Judgment as to Village of Port Chester (Second Amended). filed by Save The Sound, Atlantic Clam Farms of Connecticut, Inc.. (Signed by Judge Cathy Seibel on 1/22/24) (yv)
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