United States District Court, N.D. New York
Zachary C. Oren Law Office of Zachary C. Oren, Esq. Attorney
T. SCHNEIDERMAN Attorney General of the State of New York
Attorney for the Defendants
Carravetta Assistant Attorney General, of Counsel Bar Roll
STIPULATION AND ORDER OF DISCONTINUANCE PURSUANT TO
N. Hurd United States District Judge
HEREBY STIPULATED AND AGREED by and between the undersigned,
the attorneys for plaintiff Shamel Wright and defendants Sgt.
Rowland Potter and Sgt. Michael Barkman, parties to the above
entitled-action, that, whereas no party hereto is an infant
or incompetent person for whom a committee has been
appointed, and no person not a party has an interest in the
subject matter of the action, the above-entitled action be
and the same hereby is settled on the particular
circumstances of this case, on the following terms and
conditions, which it is agreed are of and shall have no legal
precedential value in any other case either between the
parties to this case or any other parties:
Pursuant to Rule 41 (a) of the Federal Rules of Civil
Procedure, plaintiff discontinues this action with prejudice
and without damages, costs, interest, or attorneys' fees,
under the conditions described In Paragraph 5 of this
agreement, as against defendants Sgt. Rowland Potter and Sgt.
Michael Barkman, and discharges and releases defendants Sgt.
Rowland Potter and Sgt. Michael Barkman and the State of New
York, Including Its agencies, subdivisions, employees,
private contractors or assignees, of any and all claims,
demands, or causes of actions, known or unknown, now existing
or hereafter arising, whether presently asserted or not,
which relate in any way to the subject matter of this action,
which relates to an incident on August 30, 2013, and further
agrees to discontinue and/or not to commence or to pursue in
any court, arbitration or administrative proceeding, any
litigation, appeal or claims against the defendants and
others released hereby pertaining to the underlying facts,
circumstances or incidents that gave rise to the
aforementioned action, or any results of the aforementioned
facts, circumstances or incidents that gave rise to the
aforementioned actions, or any results of the aforementioned
facts, circumstances or incidents.
action is hereby discontinued with prejudice pursuant to Rule
41(a) of the Federal Rules of Civil Procedure.
parties agree that no provision of this settlement shall be
interpreted to be an acknowledgment of the validity of any of
the allegations or claims that have been made in the action.
settlement does not constitute a determination of, or
admission by any party to any underlying allegations, facts
or merits of their respective positions. The settlement of
this action is limited to the circumstances in this case
alone and shall not be given effect beyond the specific
provisions stipulated to. This settlement does not form and
shall not be claimed as any precedent for, or an agreement by
the parties to any generally applicable policy or procedure
in the future.
Following the execution of this stipulation, and it being
ordered by the Court, defendants shall pay to plaintiff the
sum of Three Thousand Dollars ($3, 000.00) in full settlement
of any and all claims. The check shall be made payable
directly to Plaintiff "Shamel Wright" and mailed to
1 Grove Place, 1st Floor, Schenectady New York
12307. The above amount shall constitute all sums to which
Plaintiff is entitled, including but not limited to damages,
costs, and attorney's fees.
Payment of the amount specified in paragraph 5 is conditioned
on the approval of all appropriate state officials in
accordance with the provisions for indemnification under
section 17 of the New York Public Officers Law, and upon
plaintiffs signing and returning a "Standard
Voucher" which will be mailed to him by agents of the
defendants responsible for the administrative processing of
the settlement paperwork.
Payment of the amount referenced in paragraph 5 will be made
within one hundred and twenty (120) days after the approval
of this stipulation by the Court and receipt by
defendant's counsel of a copy of the so-ordered
stipulation, unless the provisions of Chapter 62 of the Laws
of 2001 apply to the plaintiff and the payment hereunder
constitutes "funds of a convicted person" under the
Son of Sam Law, in which event, the one hundred and twenty
(120) day payment period shall be extended by an additional
thirty (30) days to allow for compliance with that law.
the event that the terms of paragraph 6 are satisfied, but
payment is not made within the 120 day period set forth in
paragraph 7, interest shall begin to accrue on the
outstanding principal balance at the statutory rate on the
121 st day after court approval or the 151 st day after court
approval if the provisions of Chapter 62 of the Laws of 2001
apply to plaintiff 9. This stipulation shall be null and void
if the approvals referred to in paragraph 6 are not obtained,
and these actions shall then be placed back on the active
docket without prejudice.
Plaintiff represents and warrants that he is not a Medicare
recipient, that he has never been on Medicare or Social
Security Disability, that no conditional payments have been
made by Medicare, and that he does ...