Connecticut Fund for the Environment, Inc. d/b/a Save the Sound v. Westchester County, New York
Filing 291
AMENDED ORDER OF DISMISSAL WITH RESPECT TO DEFENDANT VILLAGE OF MAMARONECK: IT IS HEREBY STIPULATED BETWEEN THE PARTIES AND ORDERED, ADJUDGED AND DECREED BY THE COURT AS FOLLOWS: As further set forth by this Order. 12. Environmental Benefit Payment . Mamaroneck shall pay $350,000 to the Westchester County Soil and Water Conservation District ("EBP Recipient") all of which shall be for use on projects relating to the reduction, mitigation, and/or remediation of pollution or of the effects of pollution in the Long Island Sounds and its tributary waters in or near the waters adjacent to Mamaroneck. The payment will be placed in escrow with Mamaroneck's attorney within thirty (30) days of the Parties' executi on of this Order and will be transferred to the EBP Recipient on or before the 7th day after the Effective Date of this Order. None of this payment shall be disbursed to Plaintiffs. If, for any reason, the Westchester County Soil and Water Conse rvation District should decline to receive the Environmental Benefit Payment, the Parties agree to continue negotiations in good faith to agree upon a substitute EBP Recipient. Fees, Costs, and Expenses. Mamaroneck shall pay a sum of $150 ,000 as full and complete satisfaction of Plaintiffs' claims for attorneys' fees and costs incurred to date, including investigative and expert costs, against Mamaroneck. The payment will be placed in escrow with Mamaroneck's atto rney within thirty (30) days of the Parties' execution of this Order and will be transferred to Plaintiffs' attorney on or before the 7th day after the Effective Date of this Order. The check shall be payable to "Super Law Group, LLC - IOLA Attorney Trust Account". Payments will be deposited in Super Law Group's IOLA Trust Account for the benefit of the Plaintiffs. Compliance Monitoring Fees - Legal. As reimbursement for Plaintiffs' future legal and administrative fees and costs that will be incurred in order to monitor Mamaroneck's compliance with this Order, Mamaroneck agrees to pay reasonable fees and costs for this work performed by Plaintiffs' counsel and Plaintiffs' st aff, in an amount not to exceed $3,000 in any calendar year until this Order terminates. Fees and costs reimbursable pursuant to this paragraph may include, but are not limited to, those incurred by Plaintiffs or their counsel to conduct site inspections, review of engineering reports, review of annual reports, discussion with representatives of Defendants concerning potential changes to compliance requirements, preparation and participation in mediation or otherwise in con nection with Dispute Resolution (Section XIII), and similar tasks. This cap does not apply if Dispute Resolution leads to the filing of a motion with the Court. Plaintiffs' counsel shall provide an annual invoice, containing itemized desc riptions for any fees and costs claimed over the prior twelve (12) month period. Mamaroneck shall make payment by check, payable to "Super Law Group, LLC - IOLA Attorney Trust Account," within sixty (60) days of receipt of such invo ice. Payments will be deposited in Super Law Group's IOLA Trust Account for the benefit of the Plaintiffs. ENTERED. The Clerk of Court is respectfully directed to terminate ECF No. 290. Motions terminated: 290 CONSENT MOTION to Approve Consent Judgment as to Village of Mamaroneck. filed by Save The Sound, Atlantic Clam Farms of Connecticut, Inc.. (Signed by Judge Cathy Seibel on 4/24/2024) (tg)
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
