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Case 1:09-cv-05718-CBA-LB Document 30 Filed 03/12/12 Page 1 of 3 PageID #: 223

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

X

CESAR SANCHEZ,

Plaintiff,

STIPULATION OF SETTLEMENT

AND ORDER OF DISMISSAL

-against-

0e cv s718 (CBAXLB)

THE CITY OF NEW YORK, DETECTIVE, DAVID
GROSS, Tax ID# 901639; SERGEANT JOSEPH
KLOBUS, Tax ID # 913067; P.O. JOHN DOE; P.O'
DOE II; P.O. JOHN DOE Ill, individually and in
their official capacities, (the name John Doe being
fictitious, as the true names and numbers are
presently unknown),

Defendants

X

WHEREAS, plaintiff commenced this action by filing a complaint on or about

January 18,2010, alleging that the defendants violated plaintiffs federal civil and state common

law rights; and

WHBREAS, defendants have denied any and all liability arising out of plaintiff s

allegations; and

WHEREAS, the parties now desire to resolve the issues raised in this litigation,

without further proceedings and without admitting any fault or liability; and

WHEREAS, plaintiff has authorized his counsel 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:

Case 1:09-cv-05718-CBA-LB Document 30 Filed 03/12/12 Page 2 of 3 PageID #: 224

l. The above-referenced action is hereby dismissed against defendants, with
prejudice, and without costs, expenses, or attorneys' fees in excess of the amount specified in

paragraph "2" below.

2. The City of New York hereby agrees to pay plaintiff the sum of TWENTY

THOUSAND DOLLARS ($20,000.00) 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 and to release the defendants 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

plaintiffls civil rights, from the beginning of the world to the date of the General Release, including

claims for costs, expenses, and attorneys' fees.

3.

Plaintiff shall execute and deliver to defendant City's attorney all documents

necessary to effect this settlement, including, without limitation, a General Release based on the

terms of paragraph 2 above and an Affidavit of Status of Liens. If Medicare has provided payment

and/or benefits for any injury or condition that is the subject of this lawsuit, prior to tendering the

requisite documents to effect this settlement, Plaintiff shall have notified Medicarè 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 U.S.C. $ 1395y(b) and 42 C.F.R. $$41 I .22 through 411 .26.

4. Nothing contained herein shall be deemed to be an admission by the

defendants that they have in any manner or way violated plaintiffls 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, regulations or

Case 1:09-cv-05718-CBA-LB Document 30 Filed 03/12/12 Page 3 of 3 PageID #: 225

bylaws 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.

5. Nothing contained herein shall be deemed to constitute a policy or practice of the

City of New York or any agency thereof.

6. Plaintiff agrees to hold harmless the defendants regarding any liens or past and/or
future Medicare payments, presently known or unknown in connection with this matter. If

conditional and/or future anticipated Medicare payments have not been satisfied, defendants reserve

the right to issue a multiparty settlement check, naming Medicare as a payee or to issue a check to

Medicare directly based upon Medicare's final demand letter.

7. This Stipulation and Order contains all the terms and conditions agreed upon by the

parties hereto, and no oral agreement entered into at any time nor any written agieement entered

into prior to the execution of this Stipulation and Order regarding the subject matter of the instant

proceedings shall be deemed to exist, or to bind the parties hereto, or to vary the terms and

conditions contained herein.

Dated: New York, New York

February 26,2012

RANKIN & TAYLOR
Attorneys for Plaintiff
350 Broadway, Suite 700
New York, NY 10013
(212) 226-4s07

By:

MICHAEL A. CARDOZO
Corporation Counsel of the City of New York
Attorney for Defendants

CITY, GROSS & KLOBUS

100 Church Street
New York, NY 10007
(212) 676-1307

a By:

SO ORDERED:

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Dated: New York, New York

2012

HON. CAROL B. AMON
UNITED STATES DISTRICT JUDGE