Parker v. Fox et al

Filing 35

STIPULATION OF SETTLEMENT, GENERAL RELEASE, AND ORDER OF DISMISSAL: Dismissal of the Action with Prejudice. The Action and all claims asserted therein are hereby dismissed, with prejudice, pursuant to Fed. R. Civ. P. 41(a) (1)(A)(ii) and without payments, attorneys' fees, costs, disbursements, or expenses in excess of the amounts specified in Paragraph 2 of this Settlement Agreement. Payment to Plaintiff and Plaintiff's Attorney. For and in consideration of Plaintiffs execution of this Settlement Agreement, his agreement to be bound by its terms, and his undertakings as set forth herein including, but not limited to, the dismissal of the Action with prejudice and other good and valuable consideration, the sufficiency of which is hereby acknowledged, and subject to any reservation for payment to Medicare or other taxes, liens or setoffs as set forth in Paragraphs 6 and 8 herein, the State of New York, on behalf of Defendants, shall pay the total sum of Thirty-Five Thousand Dollars and Zero Cents ($35,000.00), for which the Office of the New York State Comptroller shall issue any and all appropriate Internal Revenue tax forms, as follows: a. The State of New York, on behalf of Defendants, shall pay the gr oss sum of Twenty Thousand Nine Hundred and Ninety Three Dollars and Forty Cents ($20,993.4) in full and complete satisfaction of any and all claims, allegations, or causes of action for compensatory damages (including, but not limited to, pain and suffering, mental and emotional anguish and trauma, reputational damages, punitive damages, and liquidated damages). The foregoing payment shall be drawn to the order of Quahsym Parker and forwarded to Plaintiff at the correctional facility i n which he is then housed for deposit in his inmate facility/departmental account. The State of New York, on behalf of Defendants, shall pay the gross sum of Fourteen Thousand Six Dollars and Sixty Cents ($14,006.60) in full and complete sati sfaction of any and all claims, allegations, or causes of action for attorneys' fees, costs, disbursements, and expenses incurred by Plaintiff or Plaintiff's attorneys for any and all counsel who have at any time represented or assisted P laintiff in the Action, or in connection with any other proceeding, administrative, judicial, or otherwise and any other claim or action arising from, related to, based upon, or alleging any of the acts, transactions, occurrences, or omissions as serted or purportedly asserted in the Action. The foregoing payment shall be made payable to "RYANNE KONAN LAW OFFICE & LEGAL SERVICES" and mailed to RY ANNE KON AN LAW OFFICE & LEGAL SERVICES, 4 MARSHALL RD, SUITE 248, WAPPINGERS FALLS, NY 12590, as further set forth herein. SO ORDERED. (Signed by Magistrate Judge Andrew E. Krause on 11/25/2024) (mml)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

--------------------------------------------------------------- X

QUAHSYM PARKER,

Plaintiff,
- against SERGEANT KEVIN FOX, CORRECTIONAL
OFFICER S. LEAR and CORRECTIONAL
OFFICER ZAMOR, individually and as employees
of the State of New York,

23 CV 5174 (AEK)

STIPULATION OF SETTLEMENT,
GENERAL RELEASE, AND
ORDER OF DISMISSAL

Defendants.

--------------------------------------------------------------- X
STIPULATION OF SETTLEMENT, GENERAL RELEASE, AND ORDER OF
DISMISSAL ("Settlement Agreement") made by and between Plaintiff Quahsym Parker
("Plaintiff') and Defendants Sgt. Kevin Fox ("Fox"), Correctional Officer ("C.O.") Stephen Lear
("Lear"), and C.O. Ricardo Zamor (collectively with Fox and Lear, "Defendants";Plaintiff and
Defendant, collectively, "the Parties") as of November 25 , 2024:
WHEREAS, Plaintiff commenced the above-captioned action by filing a Complaint on or
about June 20, 2023 (ECF No. 1 ), alleging claims against Defendants pursuant to 42 U.S.C. §
1983;and
WHEREAS, the claims and allegations asserted in the above-captioned action, together
with all related filings and proceedings, constitute "the Action";and
WHEREAS, Defendants expressly deny any wrongful conduct or liability, or violation of
any federal, state, or local statute, ordinance, or law in the Action whatsoever;and
WHEREAS, the Parties desire to fully resolve the claims between them and any and all
other disputes, whether known or unknown, without further litigation or proceedings before any
court or other agency, and without admission of fault or liability;and
WHEREAS, no party hereto is an infant or incompetent person for whom a committee has
been appointed, and no person not a party to this Settlement Agreement has an interest in the
subject matter of the Action;

25

November 25