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CAREY v. MEREDITH

United States District Court, S.D. New York


November 9, 2004.

HUGH CAREY, Plaintiff,
v.
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 against defendants;

  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 costs.

  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 effect.

  SO ORDERED.

20041109

© 1992-2004 VersusLaw Inc.



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