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168
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168
order
Stipulation and Order
Mon 10/21 4:06 PM
STIPULATION OF SETTLEMENT: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, as follows: 1. The above-referenced action is hereby dismissed against defendants, with prejudice, and without costs, expenses, or attorneys' fees except as specified in paragraphs 2 through 10 below. 2. Defendant City of New York hereby agrees to pay plaintiff Davon Washington the sum of Seventy Five Thousand ($75,000.00) Dollars, plus his pro rata share of attorneys' fees as set forth in paragraph 9 herein, and to provide the relief set forth in paragraphs 11-12 herein, in full satisfaction of all claims, including claims for costs, expenses and attorneys' fees. 3. Defendant City of New York hereby agrees to pay plaintiff John Doe the sum of Seventy Five Thousand ($75,000.00) Dollars, plus his pro rata share of attorneys' fees as set forth in paragraph 9 herein, and to provide the relief set forth in paragraphs 11-12 herein, in full satisfaction of all claims, including claims for costs, expenses and attorneys' fees. 4. Defendant City of New York hereby agrees to pay plaintiff Pariis Tillery the sum of Seventy Five Thousand ($75,000.00) Dollars, plus his pro rata share of attorneys' fees as set forth in paragraph 9 herein, and to provide the relief set forth in paragraphs 11-12 herein, in full satisfaction of all claims, including claims for costs, expenses and attorneys' fees. 5. The County of Albany hereby agrees to pay plaintiff Davon Washington the sum of Seventy Five Thousand ($75,000.00) Dollars, plus his pro rata share of attorneys' fees as set forth in paragraph 9 herein, and to provide the relief set forth in paragraph 16, in full satisfaction of all claims, including claims for costs, expenses and attorneys' fees. 6. The County of Albany hereby agrees to pay plaintiff John Doe the sum of Seventy Five Thousand ($75,000.00) Dollars, plus his pro rata share of attorneys' fees as set forth in paragraph 9 herein, and to provide the relief set forth in paragraph 16, in full satisfaction of all claims, including claims for costs, expenses and attorneys' fees. 7. The County of Albany hereby agrees to pay plaintiff Pariis Tillery the sum of Seventy Five Thousand ($75,000.00) Dollars, plus his pro rata share of attorneys' fees as set forth in paragraph 9 herein, and to provide the relief set forth in paragraph 16, in full satisfaction of all claims, including claims for costs, expenses and attorneys' fees. 8. Defendant County of Albany hereby agrees to pay plaintiff Steven Espinal the sum of Two Hundred Twenty Thousand ($220,000.00) Dollars, plus his pro rata share of attorneys' fees to be paid by the County of Albany as set forth in paragraph 9 herein, and to provide the relief set forth in paragraphs set forth in paragraph 16, in full satisfaction of all claims, including claims for costs, expenses and attorneys' fees. 9. Defendant City of New York hereby agrees to pay plaintiffs the total sum of Two Hundred Thousand Dollars ($200,000) and the County of Albany agrees to pay plaintiffs the total sum of One Hundred Thousand Dollars ($100,000) in full satisfaction of any costs, expenses and attorneys' fees. 10. Defendant Nurse Melissa "Missy" Mylorie agrees to pay plaintiffs the total sum of Ten Thousand ($10,000) in full satisfaction of all claims, including claims for costs, expenses and attorneys' fees. 11. The City of New York agrees that it will not seek substitute jail orders to transfer any inmates in the custody of the New York City Department of Correction ("DOC") to the Albany County Correctional Facility from the date of execution of this agreement through December 31, 2021, inclusive. 12. The City of New York agrees that each and every DOC inmate transferred outside of the City of New York upon a substitute jail order shall, after the inmate is safely secured in the vehicle transporting him/her, be provided in the vehicle before it departs with a written "notice" of transfer, as further set forth in this order. SO ORDERED. (Signed by Chief Judge Colleen McMahon on 10/21/2019) (mml)
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