New York Southern District Court
Judge:Ronnie Abrams
Referred: Barbara C Moses
Case #: 1:15-cv-03381
Nature of Suit440 Civil Rights - Other Civil Rights
Cause42:1983 Civil Rights Act
Case Filed:Apr 30, 2015
Terminated:Jun 10, 2022
Last checked: Tuesday Oct 27, 2015 9:32 AM EDT
Defendant
City of New York
Represented By
Peter John Fogarty
New York City Law Department- Special Federal Litigation Div
contact info
Defendant
John/Jane Does, Nos. 1-10
Defendant
Marvin Johnson
Represented By
Peter John Fogarty
New York City Law Department- Special Federal Litigation Div
contact info
Plaintiff
Marc Ameruso
Represented By
Robert Thomas Perry
Robert T. Perry
contact info


Docket last updated: 04/01/2025 11:59 PM EDT
Tuesday, August 23, 2022
162 162 order Stipulation and Order of Dismissal Wed 08/24 10:39 AM
STIPULATION AND ORDER OF DISMISSAL... IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, that l. The above-referenced action is hereby dismissed with prejudice; and 2. Notwithstanding the dismissal of this action in accordance with this agreement, the District Court shall continue to retain jurisdiction over this action for the purpose of enforcing the terms of the settlement agreement reached between the parties and set forth in the Stipulation of Settlement executed by the parties in this matter. SO ORDERED. (Signed by Judge Ronnie Abrams on 8/23/22) (yv)
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161 161 order Stipulation and Order of Dismissal Wed 08/24 10:33 AM
STIPULATION OF SETTLEMENT... IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, as follows: The above-referenced action is hereby dismissed against defendants, with prejudice, and without costs, expenses, or attorneys' fees except as specified in paragraph "2" below. Defendant City of New York hereby agrees to pay plaintiff Marc Ameruso the sum of Ninety Thousand ($90,000.00) Dollars 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 dismiss with prejudice all claims against the defendants and to release defendants City of New York, Officer Johnson, Officer Yelez, Officer Shapiro and Sergeant Pinto; their successors or assigns; and all past and present officials, 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 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. 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 defined 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. Nothing contained herein shall be deemed to constitute a policy or practice of the City of New York or any agency thereof. Plaintiff agrees to hold harmless defendants regarding any past and/or future Medicare claims, presently known or unknown, in connection with this matter. If Medicare claims are not satisfied, defendants reserve the right to issue a multiparty settlement check naming the Medicare provider as a payee or to issue a check directly to the Medicare provider for the amount claimed in the Medicare provider's final demand letter. SO ORDERED. (Signed by Judge Ronnie Abrams on 8/23/22) (yv)
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misc Notice to Court Regarding Voluntary Dismissal Tue 08/23 12:29 PM
***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. 159 Stipulation of Voluntary Dismissal,, was reviewed and referred to Judge Ronnie Abrams for approval for the following reason(s): the voluntary dimissal contained language that the "Court retains jurisdiction";. (nd)
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Monday, August 22, 2022
160 160 misc Settlement Agreement Mon 08/22 2:08 PM
SETTLEMENT AGREEMENT . Document filed by Marc Ameruso..(Swerling, Bryan)
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159 159 misc Stipulation of Voluntary Dismissal Mon 08/22 2:05 PM
STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Marc Ameruso and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Marc Ameruso. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). ..(Swerling, Bryan)
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