United States District Court, S.D. New York
November 9, 2004.
HUGH CAREY, Plaintiff,
SUSAN MEREDITH, Defendant.
The opinion of the court was delivered by: LEWIS KAPLAN, District Judge
STIPULATION AND PROPOSED ORDER
WHEREAS, Plaintiff Hugh Carey ("plaintiff") filed a claim in
Bronx Small Claims Court against defendants Mark Everson and
Susan Meredith (collectively "defendants"), under index number
SCB 1457/04, alleging "loss of property due to defendants [sic]
negligence and unlawful levy collection, plus court cots; date of
occurrence: 03-23-2004" and seeking $4900; and
WHEREAS both defendants are employees of the United States
Internal Revenue Service; and
WHEREAS, the United States of America removed the case to the
federal court; and
WHEREAS, plaintiff no longer wishes to pursue his claims
IT IS HEREBY STIPULATED AND AGREED by and between plaintiff and
defendants that the above-captioned action (the "Action") shall
be resolved as follows:
1. The caption shall be amended to reflect that plaintiff also
named Mark Everson as a defendant.
2. The Action is hereby dismissed with prejudice and without
3. Plaintiff stipulates and agrees to release defendants and
the United States of America for any and all claims and demands
which he and his heirs, executors, successors in interest,
administrators, or assigns may have or hereafter acquire, on
account of the events, circumstances, or incidents giving rise to
this Action and claims incident thereto.
4. Plaintiffs and defendants understand and agree that this
agreement contains the entire agreement between them, and that no
statements, representations, promises, agreements, or
negotiations, oral or otherwise, between the parties or their
counsel that are not included herein shall be of any force or
© 1992-2004 VersusLaw Inc.