United States of America v. Erie County, New York et al

Filing 227

ORDER ENTERING STIPULATED ORDER OF DISMISSAL. The 225 Joint Motion for Entry of the Stipulated Order of Dismissal is GRANTED and the [225-1] Stipulated Order of Dismissal is APPROVED, ORDERED and ENTERED. FURTHER, this Court shall retain jurisdict ion over this matter until the terms are fulfilled and retains the power to enforce the Stipulated Order of Dismissal. FURTHER, the Clerk of the Court is DIRECTED to close this case. Signed by William M. Skretny, Chief Judge U.S.D.C. on 8/25/2011. (CMD)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NEW YORK

UNITED STATES OF AMERICA,

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Plaintiff,
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v.
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ERIE COUNTY, NEW YORK,
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Defendant.
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_____________________________________ )

09-CV-849S

ORDER ENTERING STIPULATED ORDER OF DISMISSAL

Plaintiff, the United States of America, and Defendant, Erie County, New York, have
determined that entering into a Stipulated Order of Dismissal (executed by both Parties on
or before August 17, 2011), rather than contested litigation, is the best way to resolve the
remaining issues in this case concerning protection from harm, provision of medical and
mental health treatment, and environmental health and safety.

On August 18, 2011, the parties filed a Joint Motion for Entry of a Stipulated Order
of Dismissal. (Docket No. 225.) Having reviewed the parties’ submission, this Court finds
that the Stipulated Order of Dismissal (Docket No. 225-1) satisfies the requirements for
prospective relief under the Prison Litigation Reform Act, 18 U.S.C. § 3626(a)(1)(A), is
narrowly drawn, and extends no further than is necessary and is the least intrusive means
necessary to correct the violations of the federal rights at issue.

This case will therefore be dismissed and closed, but this Court shall retain
jurisdiction over this matter until the substance of the terms of the Stipulated Order of
Dismissal are fulfilled, and either party may move to reopen this case at any time should
issues requiring this Court’s intervention arise.

This Court retains the power to enforce the Stipulated Order of Dismissal.

IT HEREBY IS ORDERED, that the Joint Motion for Entry of the Stipulated Order
of Dismissal (Docket No. 225) is GRANTED.
FURTHER, that the Stipulated Order of Dismissal (Docket No. 225-1) is hereby
APPROVED, ORDERED, and ENTERED.
FURTHER, that this Court finds that the Stipulated Order of Dismissal satisfies the
requirements of the Prison Litigation Reform Act, 18 U.S.C. § 3626(a)(1)(A).
FURTHER, that this Court shall retain jurisdiction over this matter until the
substance of the terms of the Stipulated Order of Dismissal are fulfilled, and either party
may move to reopen this case at any time should issues requiring this Court’s intervention
arise.
FURTHER, that this Court retains the power to enforce the Stipulated Order of
Dismissal.

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FURTHER, that the Clerk of Court is directed to CLOSE this case.
SO ORDERED.
Dated:

August 25, 2011
Buffalo, New York

s/William M. Skretny
WILLIAM M. SKRETNY
Chief Judge
United States District Court

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