Case 1:10-cv-00270-AT Document 57-1 Filed 07/31/13 Page 1 of 6 USDC SDNY DOCUMENT FILED DOC i UNITED STATES DISTRICT COURT DATE FILED: 7 3/ 3 SOUTHERN DISTRICT OF NEW YORK Louis DeLuoa, STIPULATION 0F Plaintiff, SETTLEMENT -against~ 10 Civ. 00270 (AT) (PM) The City ofNew York, Of?cer Raymond Marrero (Shield 25i73), and Of?cer Julie C. Santana (Shieid 2] 106), Defendants. )4 WHEREAS, plaintiff commenced this action by a complaint on or about January 13, 2010, aileging that the defendants violated plaintiff?s federai civil and state common law rights; and WHEREAS, defendant City has denied any and all liability arising out of piaii-itifi?s allegations; and WHEREAS, the parties new 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 ST IPULATED AND AGREED, by and between the undersigned, as foliows: l. The above?referenced action is hereby dismissed against defendants City of New York, Police Of?cer Juiio Santana, and Police Of?cer Raymond Marrero, with prejudice, and without costs, expenses, or attorneys? fees except as speci?ed in paragraph beiow. 2. Defendant City of New York hereby agrees to pay plaintiff Louis DeLuca the sum of Three Hundred Ninety Thousand Doliars; defendant Police Officer Case 1:10-cv-00270-AT Document 57-1 Filed 07/31/13 Page 2 of 6 Julio Santana hereby agrees to pay plaintiff Louis DeLuca the sum of FOUR THOUSAND DOLLARS defendant Police Officer Raymond Marrero hereby agrees to pay plaintiff Louis DeLuca the sum of FOUR THOUSAND DOLLARS all sums are 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 defendants City of New York, Police Officer Julio Santana, and Police Of?cer Raymond Marrero, 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 Of?ce of the Corporation Counsel, from any and all liability, claims, or rights of action alleging a violation of plaintiff?s 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. 3. Defendants Police Of?cers Julio Santana and Raymond Marrero herein agreeto dismiss any and all cross or counter claims with prejudice against the City Defendants and to release any present or former employees or agents of the City of New York, from any and all liability, cross or counter claims, or rights of action arising from this action or which could have been asserted in this action, including claims for costs, expenses and attorney?s fees. 4. Plaintiff shall execute and deliver to defendant City of New York?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 Af?davit 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 noti?ed Medicare and shall submit with the settlement documents a Medicare final demand letter fer 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. l395y(b) and 42 can. 411.22 through 41 i.26. Case 1:10-cv-00270-AT Document 57-1 Filed 07/31/13 Page 3 of 6 5. Nothing contained herein shall be deemed to be an admission by the defendants that they have in any manner or way violated plaintiff?s rights, or the rights of any other person or entity, as de?ned 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, except to enforce the terms of this agreement. 6. Nothing contained herein shall be deemed to constitute a policy or practice of the City ofNew York or any agency thereof. 7. Plaintiff agrees to hold harmless defendant 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, defendant reserves 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. 8. 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 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. Case 1:10-cv-00270-AT Document 57-1 Filed 07/31/13 Page 4 of 6 Dated: New York, New York 2013 David L. Taback, RC. Attorneysfor Plainti?? 470 Park Avenue South, 12th Floor New York, NY 10016 (212) 6796400 By: By: {Bar/1d L. Tabaok Aftomeyfor Pfaz'm?z?? John Burns Attorneyfor De?andanm O?z?cers Santana am? Marrem Worth, Loogworth London, LLP 1} John Street, Saite 640 New York, New York 10038 By: John Bums, Esq. Aztomeyfm a?cers MICHAEL A. CARDOZO Corporation Counsel ofthe City ofNew York Attorneyfor Defendant it}! 100 Church Street, Rm. 3?227 New York, New York 10007 Kimberly Savino Assistant Corporaiion Counsel Case 1:10-cv-00270-AT Document 57-1 Filed 07/31/13 Page 5 of 6 GENERAL RELEASE KNOW THAT I, LOUIS DELUCA, date of birth Soda; Secarity No. plaintiff in the action entitled Louis Die-Luca v. City of New York et al., 10 Civ. 00270 (AT) (FM), in consideration ofthe payment of Three Hundred Ninety Thousand DOLLARS to me by the City of New York, do hereby release and discharge the defendants City; their successors or assigns; and all past and present ot?cials, employees, representatives, 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 my civil rights and any and all related state law claims, from the beginning of the world to the date of this General Release, including claims for costs, expenses, and attorneys? fees. Fmthermore, know that I, LOUIS DELUCA, in consideration of the payment of FOUR THOUSAND DOLLARS to me by Police Of?cer Julio Santana, do hereby release and discharge the defendant Police Of?cer Julio Santana and his successors or assigns, from any and all liability, claims, or rights of action alleging a violation of my civil rights and any and all related state law claims, from the beginning of the world to the date of this General Release, including all claims for costs, expenses, and attorney?s fees. Furthermore, know that l, LOUIS DELUCA, in consideration of the payment of FOUR THOUSAND DOLLARS to me by Police Of?cer Raymond Marrero, do hereby release and discharge the defendant Police Officer Raymond Mart-ere and his successors or assigns, from any and all liability, claims, or rights of action alleging a violation of my civil rights and any and all related state law claims, from the beginning of the world to the date of this General Release, including all claims for costs, expenses, and attorney?s fees. Case 1:10-cv-00270-AT Document 57-1 Filed 07/31/13 Page 6 of 6 THIS RELEASE MAY NOT BE CHANGED ORALLY. THE UNDERSIGNED HAS READ THE FOREGOING RELEASE AND FULLY UNDERSTANDS IT. IN WITNESS WHEREOF, i have executed this Release this day of 2013. ?6.ng Louis DeLuca STATE OF OF ow On ELM 9] 2913 before me personaiiy came Louis DeLuca to ma known, and known to me to be the individual describod in, and who executed the foregoing RELEASE, and dsiy acknowiedged to me that she/he executed the same. xmiix My PUBLIC PUBLIC. WATE 03? mm