Free Stipulation - District Court of Connecticut - Connecticut

Case 3:03-cv-00690-JCH Document 13 Filed 11/14/2003 Page 1 of 4
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF CONNECTICUT ’
ROBERT OCCASIO :
Plaintiff, :
: Civil Docket No: 3:03CV0690 (SRU)
v. :
UNITED STATES OF AMERICA,
Defendant. :
STIPULATION FOR COMPROMISE SETTLEMENT
It is hereby stipulated by and between Robert Occasio, plaintiff, and the United States of
America, defendant, by and through their respective attomeys as follows:
1. The parties do hereby agree to settle and compromise the above-entitled action under
the terms and conditions set forth herein.
2. The United States of America, defendant, agrees to pay the plaintiff the sum of fifteen
thousand dollars ($15,000), which sum shall be in full settlement and satisfaction of any and all
claims, demands, rights, and causes of action of whatsoever kind and nature, arising from, and by
reason of any and all known and unknown, foreseen and unforeseen bodily and personal injuries,
damage to property and the consequences thereof resulting, and to result, from the same subject
matter that gave rise to the above—captioned lawsuit, including any claims for wrongful death, for
which plaintiff or his, executors, administrators, or assigns, and each of them, now have or may
hereafter acquire against the United States of America, its agents, servants, and employees.
3. Plaintiff and his heirs, executors, administrators or assigns hereby agree to accept the
sum of fifteen thousand dollars ($15,000), in full settlement and satisfaction of any and all
claims, demands, rights, and causes of action of whatsoever kind and nature, arising from, and by
reason of any and all known and unknown, foreseen and unforeseen bodily and personal injuries,

» Case 3:03-cv-00690-JCH Document 13 Filed 11/14/2003 Page 2 of 4
damage to property and the consequences thereof which they may have or hereafter acquire
against the United States of America, its agents, servants and employees on account of the same
subject matter that gave rise to the above-captioned lawsuit, including any future claim for
wrongful death. Plaintiff and his heirs, executors, administrators or assigns further agree to
reimburse, indemnify and hold harmless the United States of America, its agents, servants, and
employees from any and all such cases of action, claims, liens, rights, or subrogated or
contribution interests incident to or resulting from further litigation or the prosecution of claims
by plaintiff or his heirs, executors, administrators or assigns against any third party or against the
United States, including claims of wrongful death.
4. This stipulation for compromise settlement shall not constitute an admission of
liability or fault on the part of the United States, its agents, servants, or employees, and is entered
into by both parties for the purpose of compromising disputed claims and avoiding the expenses
and risks of litigation.
5. It is also agreed, by and among the parties, that the settlement amount of fifteen
thousand dollars ($15,000) represents the entire amount of the compromise settlement and that
the respective parties will each bear their own costs, fees, and expenses and that any attomeys I
fees owed by the plaintiff will be paid out of the settlement amount and not in addition thereto.
6. It is also understood by and among the parties that pursuant to Title 28, United States
Code, Section 2678, attomeys fees for services rendered in connection with this action shall not
exceed 25 per centum of the amount of the compromise settlement.
7. Payment of the settlement amount will be made by a check drawn on the Treasury of
the United States for iiiteen thousand dollars ($15,000) and made payable to Robert Occasio,
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Case 3:03-cv-00690-JCH Document 13 Filed 11/14/2003 Page 3 of 4
plaintiff and Kenneth I. Friedman, Esq., plaintiffs attomey. The check will be mailed to
M Law QCY-te¢z `6 Hu F}»#0'ma;Z
plaintiff" s attorney at the following address: Kenneth I. Friedman, Esq., B 7 '"bfr
9*3* /l1¤M,`¢7·°*, (»lu¢.l¤:tl¢~f{ ¢>c»¢>?‘$ V"'
, Comiecticut 069407 Plaintiff s attorney agrees to distribute the
settlement proceeds to the plaintiff.
8. In consideration of the payment of iifteen thousand dollars ($15,000) as set forth
above, plaintiff agrees that he will cause his attomey to execute and file with the court such
documents as shall be necessary to cause the above—styled action to be dismissed with prejudice
from the docket of the court.
Executed this7»D day of , 2003.
Robert Occasio Qnda M. Green
Plaintiff Attomey for Defendant,
United States of America
Kenneth I. Friedman, Esq. ,
L4w¢jl~G7Y¢s J, ra" ’Q“/”"‘·"7· PLC
Attorney for Plaintiff
3

Case 3:03-cv-00690-JCH Document 13 Filed 11/14/2003 Page 4 of 4
CERTIFICATE OF SERVICE
This is to certify that a copy of the within and foregoing has been mailed, postage prepaid
to:
KENNETH I. FRIEDMAN, ESQ. _
La vv offwg f%¢4Eé¢%/Q/J, L/,4
\ .7·z
NDA M. GREEN
ASSISTANT U.S. ATTORNEY
4