settlement against officer rich
TRANSCRIPT
USDCSDNY DOCUMENT ELECTRONICALL Y FILED
OOC UNITED STATES DISTRICT COURT middotDATE F~~ILre-D-----jf+--(fg---_l31-- SOUTHERN DISTRICT OF NEW YORK ----------------------------------------------------------middotx SUNDA CROONQUIST et at
STIPULATION OF Plaintiffs SETTLEMENT OF ALL
CLAIMS OF GEORGE CAPSIS -against- FRITZ BEAUTE HERBERT
WHEELER AND RAYMOND KELLY et aI OLATOKUMBO ERINOSHO
AGAINST ALL DEFENDANTS Defendants
13 CV 1536 (JGK)(RLE) --------------------------------------------------------------_)(
WHEREAS the plaintiffs George Capsis Fritz Beaute Herbert Wheeler and
Olatokumbo Erinosho commenced this action by filing a complaint on or about March 7 2013
alleging that the defendants violated plaintiffs federal civil and state common law rights and
WHEREAS defendants Raymond Kelly New York City Police Department
Samuel Sharman Juan Perez Christian Rich Efrain Jiminez and Philip Picciano have denied
any and all liability arising out of the allegations of the plaintiffs George Capsis Fritz Beaute
Herbert Wheeler and Olatokumbo Erinosho and
WHEREAS the aforementioned parties now desire to resolve the issues raised in
this litigation without further proceedings and without admitting any fault or liability and
WHEREAS the plaintiffs George Capsis Fritz Beaute Herbert Wheeler and
Oiatokumbo Erinosho have authorized their counsel Arthur Z Schwartz Esq to settle this
matter on the terms set forth below
NOW THEREFORE IT IS HEREBY STIPULATED AND AGREED by
and between the undersigned as follows
1 All of the above-referenced claims brought by George Capsis Fritz
Beaute Herbert Wheeler and Olatokumbo Erinosho are hereby dismissed against all defendants
Case 113-cv-01536-JGK Document 30 Filed 111813 Page 1 of 5
with prejudice and without costs expenses or attorneys fees in excess of the amount specified
in paragraph 2 through 5 below
2 The City of New York hereby agrees to pay plaintiff George Capsis the
sum of Forty Five Thousand ($4500000) Dollars in full satisfaction of all claims including
claims for costs expenses and attorneys fees In consideration for the payment of this sum
plaintiff agrees to dismissal of all the claims against the defendants Raymond Kelly the New
York City Police Department Juan Perez and Christian Rich and to release the defendants the
City of New York and any present or former employees and agents of the City of New York or
any entity represented by the Office of the Corporation Counsel from any and all liability
claims ar rights of action alleging a violation of plaintiffs civil rights and any and all related
state law claims from the beginning of the world to the date of the General Release including
claims for costs expenses and attorneys fees except only for the plaintiff Capsis
counterclaims against Juan Perez that are set forth in 116-8 of Capsis Answer and
Counterclaim in Juan Perez v George Capsis Cause No 15547813 which is pending in the
Supreme Court of the State of New York County of New Yark This Stipulation of Settlement
is intended to resolve all claims of the plaintiff Capsis against the City ofNew York but not the
foregoing counterclaims of Capsis in Cause No 155478113 Supreme Court of the State of New
York County of New York to which the City of New York is not a party
3 The City of New York hereby agrees to pay plaintiff Fritz Beaute the sum
of Ten Thousand ($1000000) Dollars in full satisfaction of all claims including claims for
costs expenses and attorneys fees In consideration for the payment of this sum plaintiff agrees
to dismissal of all the claims against the defendants Raymond Kelly the New York City Police
Department and Efrain Jiminez and to release the defendants the City of New York and any
present or former employees and agents of the City of New York or any entity represented by the
Office of the Corporation Counsel from any and all liability claims or rights of action alleging
2
Case 113-cv-01536-JGK Document 30 Filed 111813 Page 2 of 5
I
a violation of plaintiffs civil rights and any and alllelated state law claims from the beginning
of the world to the date of the General Release including claims for costs expenses and
attorneys fees
4 The City of New York hereby agrees to pay plaintiff Olatokumbo
Erinosho the sum of Ten Thousand ($1250000) Dollars in full satisfaction of all claims
including claims for costs expenses and attorneys fees In consideration for the payment of this
sum plaintiff agrees to dismissal of all the claims against the defendants Raymond Kelly the
New York City Police Department and Samuel Sharman and to release the defendants the City
of New York and any present or former employees and agents of the City of New York or any
entity represented by the Office of the Corporation Counsel from any and all liability claims or
rights of action alleging a violation of plaintiffs civil rights and any and all related state law
claims from the beginning of the world to the date of the General Release including claims for
costs expenses and attorneys fees
5 The City of New York hereby agrees to pay plaintiff Herbert Wheeler the
sum of Twenty Five Thousand ($2500000) Dollars in full satisfaction of all claims including
claims for costs expenses and attorneys fees In consideration for the payment of this sum
plaintiff agrees to dismissal of all the claims against the defendants Raymond Kelly the New
York City Police Department and Philip Picciano and to release the defendants the City of New
York and any present or former employees and agents of the City of New York or any entity
represented by the Office of the Corporation Counsel from any and all liability claims or rights
of action alleging a violation of plaintiffs civil rights and any and all related state law claims
from the beginning of the world to the date of the General Release including claims for costs
expenses and attorneys fees
6 Plaintiffs shall execute and deliver to defendants attorney all documents
necessary to effect this settlement including without limitation a General Release based on the
3
Case 113-cv-01536-JGK Document 30 Filed 111813 Page 3 of 5
terms of paragraphs 2 though 5 above and an Affidavit of Status of Liens If Medicare has
provided payment andor benefits for any injury or condition that is the subject of this lawsuit
prior to tendering the requisite documents to effect this settlement plaintiffs shall have notified
Medicare and shall submit with the settlement documents a Medicare final demand letter for
conditional payments A Medicare Set-Aside Trust may also be required if future anticipated
medical costs are found to be necessary pursuant to 42 USC sect 1395y(b) and 42 CFR
sectsect 41122 through 41126
7 Nothing contained herein shall be deemed to be an admission by the
defendants or the City of New York that thcy have in any manner or way violated plaintiffs
rights or the rights of any other person or entity as defined in the constitutions statutes
ordinances rules or regulations of the United States the State of New York or the City of New
York or any other rules or regulations of any department or subdivision of the City of New York
This stipulation shall not be admissible in nor is it related to any other litigation or settlement
negotiations
8 Nothing contained herein shall be deemed to constitute a policy or practice
of the City ofNew York or any agency thereof
9 Plaintiffs agree to hold harmless defendants and the City of New York
regarding any liens or past andor future Medicare payments presently known or unknown in
connection with this matter If conditional andor future anticipated Medicare payments have not
been satisfied the City of New York reserves the right to issue a mUltiparty settlement check
naming Medicare as a payee or to issue a check to Medicare directly based upon Medicares final
demand letter
10 This Stipulation of Settlement contains all the terms and conditions agreed
upon by the parties hereto and no oral agreement entered into at any time nor any written
agreement entered into prior to the execution of this Stipulation of Settlement regarding the
4
Case 113-cv-01536-JGK Document 30 Filed 111813 Page 4 of 5
subject matter of the instant proceeding shall be deemed to exist or to bind the parties hereto or
to vary the terms and conditions contained herein
Dated New Y0t)New York I I 2013
ADVOCATES FOR JUSTICE CHARTERED ATTORNEYS Attorneys for Plaintiffs Capsis Beaule Erinosho and Wheeler 225 Broadway Ste 1902 New York NY 10007
By
MICHAEL A CARDOZO Corporation Counsel ofthe
City ofNew York Attorneyfor Defondants Kelly NYPD Perez Rich Jiminez Picciano and Sharman 100 Church Street Rm 3-133b New York New York 10007
CJMjJishy~~~~-------~------Mark D Zuckerman Senior Counsel
so ORDERED
~t~ USDJ
tll1
5
Case 113-cv-01536-JGK Document 30 Filed 111813 Page 5 of 5
with prejudice and without costs expenses or attorneys fees in excess of the amount specified
in paragraph 2 through 5 below
2 The City of New York hereby agrees to pay plaintiff George Capsis the
sum of Forty Five Thousand ($4500000) Dollars in full satisfaction of all claims including
claims for costs expenses and attorneys fees In consideration for the payment of this sum
plaintiff agrees to dismissal of all the claims against the defendants Raymond Kelly the New
York City Police Department Juan Perez and Christian Rich and to release the defendants the
City of New York and any present or former employees and agents of the City of New York or
any entity represented by the Office of the Corporation Counsel from any and all liability
claims ar rights of action alleging a violation of plaintiffs civil rights and any and all related
state law claims from the beginning of the world to the date of the General Release including
claims for costs expenses and attorneys fees except only for the plaintiff Capsis
counterclaims against Juan Perez that are set forth in 116-8 of Capsis Answer and
Counterclaim in Juan Perez v George Capsis Cause No 15547813 which is pending in the
Supreme Court of the State of New York County of New Yark This Stipulation of Settlement
is intended to resolve all claims of the plaintiff Capsis against the City ofNew York but not the
foregoing counterclaims of Capsis in Cause No 155478113 Supreme Court of the State of New
York County of New York to which the City of New York is not a party
3 The City of New York hereby agrees to pay plaintiff Fritz Beaute the sum
of Ten Thousand ($1000000) Dollars in full satisfaction of all claims including claims for
costs expenses and attorneys fees In consideration for the payment of this sum plaintiff agrees
to dismissal of all the claims against the defendants Raymond Kelly the New York City Police
Department and Efrain Jiminez and to release the defendants the City of New York and any
present or former employees and agents of the City of New York or any entity represented by the
Office of the Corporation Counsel from any and all liability claims or rights of action alleging
2
Case 113-cv-01536-JGK Document 30 Filed 111813 Page 2 of 5
I
a violation of plaintiffs civil rights and any and alllelated state law claims from the beginning
of the world to the date of the General Release including claims for costs expenses and
attorneys fees
4 The City of New York hereby agrees to pay plaintiff Olatokumbo
Erinosho the sum of Ten Thousand ($1250000) Dollars in full satisfaction of all claims
including claims for costs expenses and attorneys fees In consideration for the payment of this
sum plaintiff agrees to dismissal of all the claims against the defendants Raymond Kelly the
New York City Police Department and Samuel Sharman and to release the defendants the City
of New York and any present or former employees and agents of the City of New York or any
entity represented by the Office of the Corporation Counsel from any and all liability claims or
rights of action alleging a violation of plaintiffs civil rights and any and all related state law
claims from the beginning of the world to the date of the General Release including claims for
costs expenses and attorneys fees
5 The City of New York hereby agrees to pay plaintiff Herbert Wheeler the
sum of Twenty Five Thousand ($2500000) Dollars in full satisfaction of all claims including
claims for costs expenses and attorneys fees In consideration for the payment of this sum
plaintiff agrees to dismissal of all the claims against the defendants Raymond Kelly the New
York City Police Department and Philip Picciano and to release the defendants the City of New
York and any present or former employees and agents of the City of New York or any entity
represented by the Office of the Corporation Counsel from any and all liability claims or rights
of action alleging a violation of plaintiffs civil rights and any and all related state law claims
from the beginning of the world to the date of the General Release including claims for costs
expenses and attorneys fees
6 Plaintiffs shall execute and deliver to defendants attorney all documents
necessary to effect this settlement including without limitation a General Release based on the
3
Case 113-cv-01536-JGK Document 30 Filed 111813 Page 3 of 5
terms of paragraphs 2 though 5 above and an Affidavit of Status of Liens If Medicare has
provided payment andor benefits for any injury or condition that is the subject of this lawsuit
prior to tendering the requisite documents to effect this settlement plaintiffs shall have notified
Medicare and shall submit with the settlement documents a Medicare final demand letter for
conditional payments A Medicare Set-Aside Trust may also be required if future anticipated
medical costs are found to be necessary pursuant to 42 USC sect 1395y(b) and 42 CFR
sectsect 41122 through 41126
7 Nothing contained herein shall be deemed to be an admission by the
defendants or the City of New York that thcy have in any manner or way violated plaintiffs
rights or the rights of any other person or entity as defined in the constitutions statutes
ordinances rules or regulations of the United States the State of New York or the City of New
York or any other rules or regulations of any department or subdivision of the City of New York
This stipulation shall not be admissible in nor is it related to any other litigation or settlement
negotiations
8 Nothing contained herein shall be deemed to constitute a policy or practice
of the City ofNew York or any agency thereof
9 Plaintiffs agree to hold harmless defendants and the City of New York
regarding any liens or past andor future Medicare payments presently known or unknown in
connection with this matter If conditional andor future anticipated Medicare payments have not
been satisfied the City of New York reserves the right to issue a mUltiparty settlement check
naming Medicare as a payee or to issue a check to Medicare directly based upon Medicares final
demand letter
10 This Stipulation of Settlement contains all the terms and conditions agreed
upon by the parties hereto and no oral agreement entered into at any time nor any written
agreement entered into prior to the execution of this Stipulation of Settlement regarding the
4
Case 113-cv-01536-JGK Document 30 Filed 111813 Page 4 of 5
subject matter of the instant proceeding shall be deemed to exist or to bind the parties hereto or
to vary the terms and conditions contained herein
Dated New Y0t)New York I I 2013
ADVOCATES FOR JUSTICE CHARTERED ATTORNEYS Attorneys for Plaintiffs Capsis Beaule Erinosho and Wheeler 225 Broadway Ste 1902 New York NY 10007
By
MICHAEL A CARDOZO Corporation Counsel ofthe
City ofNew York Attorneyfor Defondants Kelly NYPD Perez Rich Jiminez Picciano and Sharman 100 Church Street Rm 3-133b New York New York 10007
CJMjJishy~~~~-------~------Mark D Zuckerman Senior Counsel
so ORDERED
~t~ USDJ
tll1
5
Case 113-cv-01536-JGK Document 30 Filed 111813 Page 5 of 5
I
a violation of plaintiffs civil rights and any and alllelated state law claims from the beginning
of the world to the date of the General Release including claims for costs expenses and
attorneys fees
4 The City of New York hereby agrees to pay plaintiff Olatokumbo
Erinosho the sum of Ten Thousand ($1250000) Dollars in full satisfaction of all claims
including claims for costs expenses and attorneys fees In consideration for the payment of this
sum plaintiff agrees to dismissal of all the claims against the defendants Raymond Kelly the
New York City Police Department and Samuel Sharman and to release the defendants the City
of New York and any present or former employees and agents of the City of New York or any
entity represented by the Office of the Corporation Counsel from any and all liability claims or
rights of action alleging a violation of plaintiffs civil rights and any and all related state law
claims from the beginning of the world to the date of the General Release including claims for
costs expenses and attorneys fees
5 The City of New York hereby agrees to pay plaintiff Herbert Wheeler the
sum of Twenty Five Thousand ($2500000) Dollars in full satisfaction of all claims including
claims for costs expenses and attorneys fees In consideration for the payment of this sum
plaintiff agrees to dismissal of all the claims against the defendants Raymond Kelly the New
York City Police Department and Philip Picciano and to release the defendants the City of New
York and any present or former employees and agents of the City of New York or any entity
represented by the Office of the Corporation Counsel from any and all liability claims or rights
of action alleging a violation of plaintiffs civil rights and any and all related state law claims
from the beginning of the world to the date of the General Release including claims for costs
expenses and attorneys fees
6 Plaintiffs shall execute and deliver to defendants attorney all documents
necessary to effect this settlement including without limitation a General Release based on the
3
Case 113-cv-01536-JGK Document 30 Filed 111813 Page 3 of 5
terms of paragraphs 2 though 5 above and an Affidavit of Status of Liens If Medicare has
provided payment andor benefits for any injury or condition that is the subject of this lawsuit
prior to tendering the requisite documents to effect this settlement plaintiffs shall have notified
Medicare and shall submit with the settlement documents a Medicare final demand letter for
conditional payments A Medicare Set-Aside Trust may also be required if future anticipated
medical costs are found to be necessary pursuant to 42 USC sect 1395y(b) and 42 CFR
sectsect 41122 through 41126
7 Nothing contained herein shall be deemed to be an admission by the
defendants or the City of New York that thcy have in any manner or way violated plaintiffs
rights or the rights of any other person or entity as defined in the constitutions statutes
ordinances rules or regulations of the United States the State of New York or the City of New
York or any other rules or regulations of any department or subdivision of the City of New York
This stipulation shall not be admissible in nor is it related to any other litigation or settlement
negotiations
8 Nothing contained herein shall be deemed to constitute a policy or practice
of the City ofNew York or any agency thereof
9 Plaintiffs agree to hold harmless defendants and the City of New York
regarding any liens or past andor future Medicare payments presently known or unknown in
connection with this matter If conditional andor future anticipated Medicare payments have not
been satisfied the City of New York reserves the right to issue a mUltiparty settlement check
naming Medicare as a payee or to issue a check to Medicare directly based upon Medicares final
demand letter
10 This Stipulation of Settlement contains all the terms and conditions agreed
upon by the parties hereto and no oral agreement entered into at any time nor any written
agreement entered into prior to the execution of this Stipulation of Settlement regarding the
4
Case 113-cv-01536-JGK Document 30 Filed 111813 Page 4 of 5
subject matter of the instant proceeding shall be deemed to exist or to bind the parties hereto or
to vary the terms and conditions contained herein
Dated New Y0t)New York I I 2013
ADVOCATES FOR JUSTICE CHARTERED ATTORNEYS Attorneys for Plaintiffs Capsis Beaule Erinosho and Wheeler 225 Broadway Ste 1902 New York NY 10007
By
MICHAEL A CARDOZO Corporation Counsel ofthe
City ofNew York Attorneyfor Defondants Kelly NYPD Perez Rich Jiminez Picciano and Sharman 100 Church Street Rm 3-133b New York New York 10007
CJMjJishy~~~~-------~------Mark D Zuckerman Senior Counsel
so ORDERED
~t~ USDJ
tll1
5
Case 113-cv-01536-JGK Document 30 Filed 111813 Page 5 of 5
terms of paragraphs 2 though 5 above and an Affidavit of Status of Liens If Medicare has
provided payment andor benefits for any injury or condition that is the subject of this lawsuit
prior to tendering the requisite documents to effect this settlement plaintiffs shall have notified
Medicare and shall submit with the settlement documents a Medicare final demand letter for
conditional payments A Medicare Set-Aside Trust may also be required if future anticipated
medical costs are found to be necessary pursuant to 42 USC sect 1395y(b) and 42 CFR
sectsect 41122 through 41126
7 Nothing contained herein shall be deemed to be an admission by the
defendants or the City of New York that thcy have in any manner or way violated plaintiffs
rights or the rights of any other person or entity as defined in the constitutions statutes
ordinances rules or regulations of the United States the State of New York or the City of New
York or any other rules or regulations of any department or subdivision of the City of New York
This stipulation shall not be admissible in nor is it related to any other litigation or settlement
negotiations
8 Nothing contained herein shall be deemed to constitute a policy or practice
of the City ofNew York or any agency thereof
9 Plaintiffs agree to hold harmless defendants and the City of New York
regarding any liens or past andor future Medicare payments presently known or unknown in
connection with this matter If conditional andor future anticipated Medicare payments have not
been satisfied the City of New York reserves the right to issue a mUltiparty settlement check
naming Medicare as a payee or to issue a check to Medicare directly based upon Medicares final
demand letter
10 This Stipulation of Settlement contains all the terms and conditions agreed
upon by the parties hereto and no oral agreement entered into at any time nor any written
agreement entered into prior to the execution of this Stipulation of Settlement regarding the
4
Case 113-cv-01536-JGK Document 30 Filed 111813 Page 4 of 5
subject matter of the instant proceeding shall be deemed to exist or to bind the parties hereto or
to vary the terms and conditions contained herein
Dated New Y0t)New York I I 2013
ADVOCATES FOR JUSTICE CHARTERED ATTORNEYS Attorneys for Plaintiffs Capsis Beaule Erinosho and Wheeler 225 Broadway Ste 1902 New York NY 10007
By
MICHAEL A CARDOZO Corporation Counsel ofthe
City ofNew York Attorneyfor Defondants Kelly NYPD Perez Rich Jiminez Picciano and Sharman 100 Church Street Rm 3-133b New York New York 10007
CJMjJishy~~~~-------~------Mark D Zuckerman Senior Counsel
so ORDERED
~t~ USDJ
tll1
5
Case 113-cv-01536-JGK Document 30 Filed 111813 Page 5 of 5
subject matter of the instant proceeding shall be deemed to exist or to bind the parties hereto or
to vary the terms and conditions contained herein
Dated New Y0t)New York I I 2013
ADVOCATES FOR JUSTICE CHARTERED ATTORNEYS Attorneys for Plaintiffs Capsis Beaule Erinosho and Wheeler 225 Broadway Ste 1902 New York NY 10007
By
MICHAEL A CARDOZO Corporation Counsel ofthe
City ofNew York Attorneyfor Defondants Kelly NYPD Perez Rich Jiminez Picciano and Sharman 100 Church Street Rm 3-133b New York New York 10007
CJMjJishy~~~~-------~------Mark D Zuckerman Senior Counsel
so ORDERED
~t~ USDJ
tll1
5
Case 113-cv-01536-JGK Document 30 Filed 111813 Page 5 of 5