USDSSDNY

DOCUMENT
ELECTRONICALLY FILED
l DOC #: _______
DATE FILED: 1:>-\:'2-I:l..
UNITED STATES DISTRICT COURT
SOUTIlERN DISTRICT OF NEW YORK
4 ___ ..... .....-----... - ..---......- - ~ X
GABY DAY, ALLEN RUBIN, ANDREW ROSA,
MIRSAD ISUF1,
STIPULATION
OF SETfLEMENT OF
ATfORNEYS'FEESAND
ORDER 0)1' DISMISSAL
Plaintiffs,
11 Civ. 2956(1B8)
against
11 Civ. 4160 (LBS)
THE CITY NEW YORK a municipal entity, NEW
YORK CITY POLICE OFFICER VINCENT KONG, 11 Civ. 2942 (LBS)
Shield #01661, NEW YORK CITY POLICE
SERGEANT CHRISTOPHER KOCH, Shield# 2875,
11 Civ.4159(18S)
NEW YORK CITY POLICE LIEUTENANT "IOE"
COSTELLO, NEW YORK CITY POLICE
CAPTAIN STEVEN BRAILLE, NEW YORK CITY
POLICE CHIEF BRIAN CONROY, NEW YORK
CITY UNDERCOVER POLICE OFFICER 293.
(previously known as NEW YORK CITY undercover
POLICE officer 2948, and prior to that as NEW
YORK CITY UNDERCOVER POLICE OFFICER
4325) NEW YORK CITY POLICE OFFICERS
"JOHN DOES" each of the identified and the non
identified persons in his individual capacity and in his
official capacity.
Defendants..
---...-------..-----....----....---..x
WHEREAS, plaintiffs Gaby Day. Allen Rubin, Andrew Rosa and Mirsad [sufi
commenced this action by filing complaints on or about May 2,2011 and June 11,2011, alleging
that defendants violated pJaintiffs' federal civil and state common Jaw rights; and
WHEREAS, defendants The City of New York, Police Officer Vincent Kong,
Shield #01661, New York City Police Sergeant Christopher Koch, Shield# 287S, New York City
Police Lieutenant "Joe" Costello, New York City Police Captain Steven Braille, New York City
Case 1:11-cv-04160-LBS Document 15 Filed 08/13/12 Page 1 of 4
Police Chief Brian Conroy. New York City Undercover Police Officer 293, have denied any and
all liability arising out of plaintiffs' allegations; and
WHEREAS, on or about May IS, 2012, plaintiffs Oaby Day. Allen Rubin,
Andrew Rosa and Mirsad Isufi accepted Offers of Judgment pursuant to Rule 68 in the amounts
ofSS,OOI to Gaby Day. and $1.501 to Allen Rubin. and $12,501 to Andrew Rosa. and $7,501 to
Mirsad Isufi, plus reasonable attorneys' fees, expenses and costs; and
WHEREAS, judgments in the amount of SS.OOl in favor of Oaby Day, and
$7,501 in favor of Allen Rubin, and $12,501 in favor of Andrew Rosa. and $1,501 in favor of
Mirsad Isufi have been entered by the Clerk of the Court; and
WHEREAS, plaintiffs have assigned their rights to attorneys' fees, expenses and
costs to their attorneys James Meyerson and Jeffrey Rothman; and
WHEREAS, counsel for defendants and Plaintiffs and Counsels for Plaintiffs
now desire to resolve the issue of attorneys' fees, expenses and costs without fwther
proceedings;
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by
and between the undersigned, the attorneys of record for the respective parties to the above
captioned action, as follows:
1. Defendant The City of New York shall pay to James Meyerson, Counsel
for Plaintiffs, the total swn of Tblrty Nine Tbou.and One Hundred Forty Five Dollara and
Eigbty Four Cents (S39,14!.84) in full satisfaction of plaintiffs' claims for attorneys' fees,
expenses and costs in the aboveMreferenced action.
2. Defendant The City of New York shall pay to Jeffrey Rothman. COWlSel
for Plaintiffs. the total sum of Tblrty Eigbt Thousaod ODe Hundred Thirty Three DoUan
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Case 1:11-cv-04160-LBS Document 15 Filed 08/13/12 Page 2 of 4
and Forty Five Cents ($38,133.45) in full satisfaction of plaintiffs' claims for attorneys' fees,
expenses and costs in the above-referenced action.
3. In consideration of the payment of SEVENTY SEVEN rnOUSAND
TWO HUNDRED SEVENTY NINE ($77,279.29) Dollars by The City of New York, Counsel
for Plaintiffs Rosa, Day, Isuti and Rubin do hereby release and discharge the defendants The
City of New York, Police Officer Vincent Kong, Shield #01661, New York City Police Sergeant
Christopher Koch, Shield# 2875, New York City Police Lieutenant "Joe" Costello, New York
City Police Captain Steven Braille, New York City Police Chief Brian Conroy, New York City
Undercover Police Officer 293; their successors or assigns; and all past and present officials,
employees, representatives and agents of the City, or any agency thereof, from any and all claims
of attorneys' fees. expenses and costs which were or could have been alleged in the
aforementioned action.
4. Nothing contained herein shall be construed to be an admission of liability
by any defendants or the City. nor an admission that any of the allegations made by Plaintiffs are
true or that defendants in any way violated any rights guaranteed to Plaintiffs by any
constitutions, statutes, ordinances, rules or regulations of the United States, the State of New
York, the City, or any other rules, regulations or bylaws of any department or subdivision of the
City. This StipUlation and settlement shall not be admissible in, nor is it related to, any other
litigation or settlement negotiations.
5. This Stipulation and Order contains all the tenns and conditions agreed
upon by the COWlSCI for defendants and Counsel for Plaintiffs hereto, and no oral agreement
entered into prior to the execution of this Stipulation and Order shall be deemed to exist or to
vary the terms and conditions contained herein.
3 .
Case 1:11-cv-04160-LBS Document 15 Filed 08/13/12 Page 3 of 4
Dated: New York, New York

I 1..t>1"L
JEFFREY A. ROTHMAN. ESQ.
AUomeyfor Plaintiffs
315 Broadway
Suite 200
New York, NY 10007
(212) 22729
({(I?...
JAMES 1. MEYERSON, ESQ.
Allomey For Plaintiffs
64 Fulton Street, Suite 502
NY 10038
(212 22 -3310
MICHAEL A. CARDOZO
Corporation Counsel
of the City of New York
Attorneyfor Defendants
100 Church Street, Room 3-146
New York. N.Y. 10007

By:
David . Pollack
Assistant Corporation Counsel
Special Federal Litigation Division

HON. LEONARD B. SAND
UNITED STATES DISTRlCT JUDGE
V//7)It/'
.J
Case 1:11-cv-04160-LBS Document 15 Filed 08/13/12 Page 4 of 4