Smith v. Erie County Holding Center et al
ORDER authorizing counsel to finalize settlement documents. Signed by Hon. H. Kenneth Schroeder Jr. on 2/14/2018. (KER)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
MICHAEL BENSON, Superintendent, et al.,
DECISION AND ORDER
This matter was referred to the undersigned by the Hon. Richard J.
Arcara, in accordance with 28 U.S.C. § 636(b), for all pretrial matters and to hear and
report upon dispositive motions. Dkt. #111.
Plaintiff commenced this action pursuant to 42 U.S.C. § 1983; the
Americans with Disabilities Act; and the Rehabilitation Act, alleging that during his
pretrial detention at the Erie County Holding Center (“ECHC”), and Erie County
Correctional Facility (“ECCF”), beginning in 2006 and continuing through February of
2008, he was denied appropriate medical care for his chronic mastoiditis; denied
reasonable accommodations for his severe hearing loss; and disciplined for failing to
obey an order he could not hear. Dkt. #7.
By Order entered May 31, 2011, the Court granted plaintiff’s motion to
appoint counsel. Dkt. #87.
On October 6, 2017, the Court conducted a lengthy settlement conference.
Plaintiff, represented by counsel, agreed to settle this matter for the sum of $25,000.00,
with the understanding that such proceeds could be subject to the provisions of New
York Executive Law § 632-a. The Court also confirmed plaintiff’s understanding that this
settlement resolved all claims asserted in plaintiff’s complaint. The parties were directed
to submit a stipulation of settlement within 30 days. Dkt. #177.
In response to the Court’s request for a status report, plaintiff’s appointed
counsel advises that her client has declined to sign the paperwork acknowledging the
terms of the settlement. As the terms of the settlement are not in dispute, the Court
hereby authorizes plaintiff’s counsel to execute these documents on plaintiff’s behalf
and to take any additional steps necessary to finalize the settlement of this lawsuit.
Buffalo, New York
February 14, 2018
s/ H. Kenneth Schroeder, Jr.
H. KENNETH SCHROEDER, JR.
United States Magistrate Judge
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