Case: Absolu v. County of Westchester

7:97-cv-02974 | U.S. District Court for the Southern District of New York

Filed Date: April 24, 1997

Clearinghouse coding in progress

Case Summary

None

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4522274/parties/absolu-v-the-county-of-westch/


Judge(s)

Brieant, Charles L. Jr. (New York)

Attorneys(s) for Plaintiff

Goodstein, Robert David (New York)

Attorneys(s) for Defendant

DiOrio, Anthony J. (New York)

McGovern, Kyle Charles (New York)

Miklave, Matthew Thaddeus (New York)

Moore, Thomas Clay (New York)

Peterson, Andrew A. (New York)

Saccomano, Joseph Anthony Jr. (New York)

Judge(s)

Brieant, Charles L. Jr. (New York)

Attorneys(s) for Plaintiff

Goodstein, Robert David (New York)

Attorneys(s) for Defendant

DiOrio, Anthony J. (New York)

McGovern, Kyle Charles (New York)

Miklave, Matthew Thaddeus (New York)

Moore, Thomas Clay (New York)

Peterson, Andrew A. (New York)

Saccomano, Joseph Anthony Jr. (New York)

Documents in the Clearinghouse

Document

Docket [PACER]

Absolu v. The County of Westch

Nov. 22, 1999 Docket

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4522274/absolu-v-the-county-of-westch/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); FILING FEE $ 150.00 RECEIPT # 278806 (cj) (Entered: 04/25/1997)

April 24, 1997 PACER
2

STIPULATION and ORDER, extending time to answer or move e extended to and including 6/25/97. ( signed by Judge Charles L. Brieant ). mn (dh) (Entered: 05/16/1997)

May 16, 1997 PACER
3

Case Management Plan in a Standard or Complex Case:This Court requires that this case shall be ready for trial on or after March 31, 1998. The case is not to be tried to a jury. Joinder of additional parties must be accomplished by June 16, 1997. Amended pleadings may be filed until June 16, 1997. Discovery:Rule 46(a) interrogatories, if any, to be served by all counsel no later than June 30, 1997 and responses to such interrogatories shall be served within 30 days thereafter. First request for production of documents, if any, to be served no later than June 15, 1997. Depositions to be complted by December 15, 1997. Any further interrogatories, including expert interrogatories to be served no later than November 15, 1997. All discovery is to be complete by December 31, 1997. Exchange of expert witness resume and reports by November 1, 1997. Motion for class certification filed on or before January 31, 1998 by pltf. Defendant to answer class certification motion by Februry 28, 1998; pltf shall submit reply if any by March 15, 1998. Any other motion including summary judgment by either party must adhere to the schedule contained in #8 above. Next case management conference September 19, 1997 at 8:45. ( signed by Judge Charles L. Brieant ); Copies mailed. (ec) Modified on 05/19/1997 (Entered: 05/19/1997)

May 16, 1997 PACER
4

ANSWER to Complaint by The County of Westch, Andrew J. O'Rourke (Attorney Matthew T. Miklave), ; Firm of: Epstein, Becker & Green by attorney Matthew T. Miklave for defendant Andrew J. O'Rourke (ds) (Entered: 07/01/1997)

June 26, 1997 PACER
5

NOTICE of attorney appearance for The County of Westch, Andrew J. O'Rourke by Matthew Miklave (ds) (Entered: 07/07/1997)

July 7, 1997 PACER
6

NOTICE of attorney appearance for The County of Westch, Andrew J. O'Rourke by Matthew T. Miklave, Esq. (kz) (Entered: 07/15/1997)

July 15, 1997 PACER
7

STIPULATION and ORDER...it is hereby stip. and agreed that the time for both parties to respond to the First Request for Production of Documents and for pltfs to Respond to defts' First Set of interrogatories shall be extended for thirty (30) days. Deft's response shall be extended to and including August 9, 1997. Pltf's response to the Request for Production of Documents shall be extended to and including August 18, 1997, and pltf's answer to First Set of Interrogatories shall be extended to and including September 2, 1997. ( signed by Judge Charles L. Brieant ). (ec) (Entered: 07/22/1997)

July 22, 1997 PACER
8

Letter filed dated October 21, 1997 to Judge Brieant from atty Robert David Goodstein re it is requested that the Court rule as to whether this law firm, Epstein, Becker & Green, P.C. is an interloper in this action, or whether it was properly retained by Westchester County. (ec) (Entered: 10/23/1997)

Oct. 23, 1997 PACER
9

Letter filed dated 11/6/97 to Judge Brieant from atty Matthew T. Miklave re we write in response to pltfs' Oct. 21, 1997 letter to this Court. (ec) (Entered: 11/07/1997)

Nov. 7, 1997 PACER
10

Letter to USDJ Brieant from attyh Matthew Miklave filed by The County of Westch, Andrew J. O'Rourke dated Nov. 12, 1997 re the parties' partial resolution of the discovery dispute presented to this Court during the 11/7/97 conference (ds) (Entered: 11/13/1997)

Nov. 13, 1997 PACER
11

Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for All purposes permitted by law ( signed by Judge Charles L. Brieant ) Referred to Magistrate Judge Mark D. Fox (ds) (Entered: 11/13/1997)

Nov. 13, 1997 PACER
12

ORDER In order to facilitate the progress of pre-trial discovery of this litigation in a just, speedy and inexensive manner, to insure compliance with the case managment plan, and to prevent the accumulation of unresolved discovery issues, the following procedures will be followed for the resolution of discovery disputes: (See document for details) ..... So Ordered; ( signed by Magistrate Judge Mark D. Fox ); Copies mailed (ds) (Entered: 11/24/1997)

Nov. 21, 1997 PACER
13

Transcript of record of proceedings filed for dates of November 21, 1997 (ll) (Entered: 02/17/1998)

Feb. 17, 1998 PACER
14

Transcript of record of proceedings filed for dates of 3/13/97 (dh) (Entered: 03/27/1998)

March 26, 1998 PACER
15

AMENDED COMPLAINT by Arnold Absolu, Edner Absolu, Rafael Almonte, Roberto Aranda, Juan Benitez, Jose Bianchimano, Emily Blake, Francisca E. Bravo, David Brown, Elena Caballero, Angel F. Cabreja, Paula Cabreja, Yanet Cabreja, Jose R. Camacho, Hernando Cardona, Sergio Cardona, Arnel Cargil, Stanford Carter, Yolanda E. Castillo, Antonio Cifuentes, Sulien Cifuentes, Jesus Contreras, Jose Antonio Diaz, Nelson R. Disla, Jose A. Flores, Maria Galeano, Santana Garcia, Ivan D. Gomez, Jorge Gomez, Leticia Higinio, Jocelyn Isaacs, Jean Claude Jean, Robert Mann, Carmen Martinez, Hayzel Maxwell, Ivy Maxwell, Lloyd Maxwell, Georgia Moore, Rose Mosny, Carmen B. Mothersill, Roberto Motta, Barbara Parker, Marcia Parker, Robert L. Parker, Jose Perez, Luz A. Piantieri, Cristobal Quintana, Victoria Quispe, Luis Ramirez, Bolivar Ramos, Reyes Rodriguez, Victor Rosario, Hazel Rose, Jairo Salgado, Jose Luis Santana, Margarito Santana, Louis M. Serrano, Bienvenida Suriel, Paulino Tapia, Astleyman Tyrell, Garfield Williams, (Answer due 4/14/98 for Andrew J. O'Rourke, for The County of Westch ) amending [1-1] complaint against Westchester Medical; Summons issued. (ec) (Entered: 04/01/1998)

April 1, 1998 PACER
16

ORDER...Pursuant to the telephone conversation between the parties on Wednesday, April 1, 1998, it is hereby ordered that plaintiffs be allowed to file an Amended Complaint in the above referred to matter designating Westchester medical cernter as a party deft. ( signed by Magistrate Judge Mark D. Fox ); Copies mailed (ec) (Entered: 04/02/1998)

April 1, 1998 PACER
17

Transcript of record of proceedings filed for dates of April 7, 1998 (ds) (Entered: 04/14/1998)

April 14, 1998 PACER
18

Transcript of record of proceedings filed for dates of April 8, 1998 (ec) (Entered: 04/15/1998)

April 15, 1998 PACER
19

NOTICE of attorney appearance for Westchester Medical by Andrew A. Peterson, Joseph A. Saccomano Jr. (ds) (Entered: 04/21/1998)

April 20, 1998 PACER
20

STIPULATION and ORDER It is hereby stipulated and agreed that Westchester County Health Care Corp.'s time to answer, move or otherwise respond to the complaint herein shall be extended to and including 4/28/98. So Ordered: ( signed by Magistrate Judge Mark D. Fox ). (ds) (Entered: 04/21/1998)

April 20, 1998 PACER
21

ANSWER by The County of Westch, Andrew J. O'Rourke (Attorney ) to amended complaint ; Firm of: Epstein,Becker&Green,P.C. by attorney Matthew T. Miklave for defendant Andrew J. O'Rourke (ec) (Entered: 04/23/1998)

April 21, 1998 PACER
22

DECLARATION in support of Matthew T. Miklave by The County of Westch, Andrew J. O'Rourke, Westchester Medical Re: motion to disqualify counsel (ds) (Entered: 04/29/1998)

April 29, 1998 PACER
23

MEMORANDUM by The County of Westch, Andrew J. O'Rourke, Westchester Medical in support of motion to disqualify dft Westchester County Health Care Corp.'s office of General Counsel and the Law Firm of Jackson Lewis (ds) (Entered: 04/29/1998)

April 29, 1998 PACER
24

Transcript of record of proceedings filed for dates of 4/17/98 (fb) Modified on 05/04/1998 (Entered: 05/04/1998)

May 4, 1998 PACER
25

Transcript of record of proceedings filed for dates of 4/21/98 (fb) (Entered: 05/04/1998)

May 4, 1998 PACER
26

NOTICE of attorney appearance for Westchester Medical by Thomas A. Moore (ec) (Entered: 05/15/1998)

May 15, 1998 PACER
27

Transcript of record of proceedings filed for dates of May 15, 1998 (ec) (Entered: 05/28/1998)

May 27, 1998 PACER
28

STIPULATION AND ORDER, .... it is hereby stipulated anda greed as follows: 1) The Court approves the request of Jackson Lewis to w/draw as cousnel afor the OCrp. 2) Proskauer Rose hereby enters ita appearance as counsel for the COrporation... 3) The COunty dfts hereby w/draw their motion to disqualify the Corporations's counsel dated 4/28/98.... substituting attorney terminated attorney Anthony J. DiOrio for Westchester Medical, attorney Joseph A. Jr. for Westchester Medical, attorney Andrew A. Peterson Westchester Medical Added Proskauer Rose ; SO ORDERED: ( signed by Magistrate Judge D. Fox ); Copies mailed (ds) (Entered: 05/29/1998)

May 28, 1998 PACER
29

Case Management Plan in a Standard or Complex Case:The case is not to be tried to a jury. All parties have been joined. Deft. Westchester County health shall serve and file an answer or motion to dismiss on or before June 30, 1998. The parties may supplement their responses to requests for document on or before July 15, 1998. Interrogatories and/or additional requests for production of documents, if any, to be served no later than July 15, 1998, except that expert interrogatories must be served by July 31, 1998. Depositions shall proceed concurrently with interrogatories and/or additional requests for production of documents. Depositions, other than those of experts, shall be completed by August 31, 1998. The resume9s0 and report(s) of pltfs' expert(s), if any, shall be served no later than August 14, 1998. The resume(s) and report(s) of all defts experts, if any, shall be served no later than September 15, 1998. Depositions of experts shall be completed by Sept. 30, 1998. All discovery is to be compleed by September 30, 1998. Dispositive motions, if any, must be served in accordance with the Local Civil Rules on or before Oct. 30, 1998. Opposition papers shall be served by November 30, 1998. Reply papers, if any, shall be served by December 15, 1998. ( signed by Magistrate Judge Mark D. Fox ); Copies mailed. (ec) (Entered: 06/04/1998)

June 3, 1998 PACER
30

Transcript of record of proceedings filed for dates of June 11, 1998 (ad) (Entered: 06/18/1998)

June 18, 1998 PACER
31

Transcript of record of proceedings filed for dates of June 12, 1998 (ds) (Entered: 06/22/1998)

June 19, 1998 PACER
32

Transcript of record of proceedings filed for dates of June 12, 1998 (ICMSUSER) (Entered: 06/25/1998)

June 25, 1998 PACER
33

NOTICE OF MOTION by The County of Westch to dismiss the amended complaint against them in its entirety, with prejudice and without leave to amend pursuant to Rule 12(b)(6) FRCP, Return date 7/31/98 (pm) (Entered: 07/01/1998)

June 30, 1998 PACER
34

MEMORANDUM by The County of Westch in support of [33-1] motion to dismiss the amended complaint against them in its entirety, with prejudice and without leave to amend pursuant to Rule 12(b)(6) FRCP (pm) (Entered: 07/01/1998)

June 30, 1998 PACER
35

Transcript of record of proceedings filed for dates of June 12, 1998 (ds) (Entered: 07/06/1998)

July 6, 1998 PACER
36

MEMORANDUM of Law in opposition to the motion to dismiss the Amended Complaint against The Westchester Medical Center by Arnold Absolu, Edner Absolu, Rafael Almonte, Roberto Aranda, Juan Benitez, Jose Bianchimano, Emily Blake, Francisca E. Bravo, David Brown, Elena Caballero, Angel F. Cabreja, Paula Cabreja, Yanet Cabreja, Jose R. Camacho, Hernando Cardona, Sergio Cardona, Arnel Cargil, Stanford Carter, Yolanda E. Castillo, Antonio Cifuentes, Sulien Cifuentes, Jesus Contreras, Jose Antonio Diaz, Nelson R. Disla, Jose A. Flores, Maria Galeano, Santana Garcia, Ivan D. Gomez, Jorge Gomez, Leticia Higinio, Jocelyn Isaacs, Jean Claude Jean, Robert Mann, Carmen Martinez, Hayzel Maxwell, Ivy Maxwell, Lloyd Maxwell, Georgia Moore, Rose Mosny, Carmen B. Mothersill, Roberto Motta, Barbara Parker, Marcia Parker, Robert L. Parker, Jose Perez, Luz A. Piantieri, Cristobal Quintana, Victoria Quispe, Luis Ramirez, Bolivar Ramos, Reyes Rodriguez, Victor Rosario, Hazel Rose, Jairo Salgado, Jose Luis Santana, Margarito Santana, Louis M. Serrano, Bienvenida Suriel, Paulino Tapia, Astleyman Tyrell, Garfield Williams in opposition to [33-1] motion to dismiss the amended complaint against them in its entirety, with prejudice and without leave to amend pursuant to Rule 12(b)(6) FRCP (ll) (Entered: 07/16/1998)

July 16, 1998 PACER
37

AFFIDAVIT in opposition of Robert David Goodstein by Arnold Absolu et. al. Re: [33-1] motion to dismiss the amended complaint against them in its entirety, with prejudice and without leave to amend pursuant to Rule 12(b)(6) FRCP (ll) (Entered: 07/16/1998)

July 16, 1998 PACER
38

AFFIDAVIT of Matthew T. Miklave by The County of Westch, Andrew J. O'Rourke Re: [34-1] support memorandum, [33-1] motion to dismiss the amended complaint against them in its entirety, with prejudice and without leave to amend pursuant to Rule 12(b)(6) FRCP (ll) (Entered: 07/20/1998)

July 20, 1998 PACER
39

MEMORANDUM of Law in opposition to Westchester Medical Center's Motion to dismiss the Amended Complaint by The County of Westch (ll) (Entered: 07/20/1998)

July 20, 1998 PACER
40

Reply memorandum of Law in Further support of the motion to dismiss the amended complaint as against the Westchester Medical Center. (ec) (Entered: 07/29/1998)

July 27, 1998 PACER
41

AFFIDAVIT of Frederick B. Miller by Louis M. Serrano Re: I make this affidavit in response tot he order of the Court on July 31, 1998, directing that WCHCC submit an affidavit demonstrating that a good faith and diligent search for documents in the action was conducted. (ec) (Entered: 08/05/1998)

Aug. 3, 1998 PACER
42

Transcript of record of proceedings filed for dates of July 31, 1998 (ec) (Entered: 08/07/1998)

Aug. 7, 1998 PACER
43

SECOND AMENDED COMPLAINT by Arnold Absolu, Edner Absolu, Rafael Almonte, Roberto Aranda, Juan Benitez, Jose Bianchimano, Emily Blake, Francisca E. Bravo, David Brown, Elena Caballero, Angel F. Cabreja, Paula Cabreja, Yanet Cabreja, Jose R. Camacho, Hernando Cardona, Sergio Cardona, Arnel Cargil, Stanford Carter, Yolanda E. Castillo, Antonio Cifuentes, Sulien Cifuentes, Jesus Contreras, Jose Antonio Diaz, Nelson R. Disla, Jose A. Flores, Maria Galeano, Santana Garcia, Ivan D. Gomez, Jorge Gomez, Leticia Higinio, Jocelyn Isaacs, Jean Claude Jean, Robert Mann, Carmen Martinez, Hayzel Maxwell, Ivy Maxwell, Lloyd Maxwell, Georgia Moore, Rose Mosny, Carmen B. Mothersill, Roberto Motta, Barbara Parker, Marcia Parker, Robert L. Parker, Jose Perez, Luz A. Piantieri, Cristobal Quintana, Victoria Quispe, Luis Ramirez, Bolivar Ramos, Reyes Rodriguez, Victor Rosario, Hazel Rose, Jairo Salgado, Jose Luis Santana, Margarito Santana, Louis M. Serrano, Bienvenida Suriel, Paulino Tapia, Astleyman Tyrell, Garfield Williams, (Answer due 8/31/98 for Westchester Medical, for Andrew J. O'Rourke, for The County of Westch ) amending [15-1] amended complaint ; Summons issued. (ds) (Entered: 08/17/1998)

Aug. 17, 1998 PACER
44

ANSWER by The County of Westch, Andrew J. O'Rourke (Attorney ) to SECOND amended complaint and cross claims ; Firm of: Epstein, Becker & Green, PC by attorney Matthew T. Miklave for defendant Andrew J. O'Rourke (ds) (Entered: 09/01/1998)

Aug. 31, 1998 PACER
45

ANSWER by Westchester County H (Attorney ) to amended complaint ; Firm of: Proskauer Rose LLP by attorney Thomas A. Moore for defendant Westchester County H (ds) (Entered: 09/03/1998)

Sept. 2, 1998 PACER
46

Transcript of record of proceedings filed for dates of 7/31/98 (fb) (Entered: 09/04/1998)

Sept. 4, 1998 PACER
47

Transcript of record of proceedings filed for dates of September 3, 1998 (ec) (Entered: 09/18/1998)

Sept. 18, 1998 PACER
48

Letter filed dated Sept. 16, 1998 to Judge Brieant from atty Robert D. Goodstein re I write to the Court and requet that the Court order that defts bring to the Sept. 25th, 1998 conference individuals with authority to negotiate and enter into a proposed stipulation. (ec) (Entered: 09/21/1998)

Sept. 21, 1998 PACER
49

Objection(s) to the order of USMJ Fox stated orally on the record on 9/3/98 by The County of Westch, Andrew J. O'Rourke (ds) (Entered: 09/22/1998)

Sept. 22, 1998 PACER
50

MEMORANDUM by The County of Westch, Andrew J. O'Rourke in support of [49-1] miscellaneous (ds) (Entered: 09/22/1998)

Sept. 22, 1998 PACER
51

AFFIDAVIT of Jonathan S. Falk by The County of Westch, Andrew J. O'Rourke Re:I make this affidavit based upon my personal review of the plaintiff's expert report of Dr. Barry Skolnik. (ec) (Entered: 09/23/1998)

Sept. 23, 1998 PACER
52

Letter to USDJ Brieant from atty Matthew Miklave filed by The County of Westch, Andrew J. O'Rourke dated Sept. 23, 1998 re in response to plntfs' 9/16/98 letter (ds) (Entered: 09/25/1998)

Sept. 25, 1998 PACER
53

AFFIDAVIT of Frederick B. Miller by Westchester County H Re: a good faith and diligent search for certain documents in the action was conducted (ds) (Entered: 10/06/1998)

Oct. 1, 1998 PACER
54

Transcript of record of proceedings filed for dates of Sept. 23, 1998 (ds) (Entered: 10/13/1998)

Oct. 13, 1998 PACER
55

Transcript of record of proceedings filed for dates of October 7, 1998 (ec) (Entered: 10/14/1998)

Oct. 14, 1998 PACER
56

Objection(s) to the order of USMJ Fox stated orally on the record on 10/7/98 by The County of Westch, Andrew J. O'Rourke (ds) (Entered: 10/27/1998)

Oct. 26, 1998 PACER
57

MEMORANDUM by The County of Westch, Andrew J. O'Rourke in support of [56-1] miscellaneous (ds) (Entered: 10/27/1998)

Oct. 26, 1998 PACER
58

FLD: County Dfts' Expert Report (ds) (Entered: 10/27/1998)

Oct. 27, 1998 PACER
59

Letter to USDJ Brieant from atty Matthew Miklave filed by The County of Westch, Andrew J. O'Rourke dated Oct. 23, 1998 re to request leave to file an enlarged memo of law in support of County Dfts' motion for summary judgment (ds) (Entered: 11/02/1998)

Nov. 2, 1998 PACER
60

NOTICE of attorney appearance for Westchester County H by Matthew T. Miklave (pf) (Entered: 03/18/1999)

March 18, 1999 PACER
61

ORDER TO SHOW CAUSE by The County of Westch, Andrew J. O'Rourke, Westchester County H Show Cause Hearing set for 8:30 4/7/99 why an order pursuant to Rule 23 of the FRCvP and other applicable law, should not be entered:(1) preliminarily approving the Settlement Agreement and approving the Notice tothe Class so that it may be forwarded to the members of the Class as set forth in the Settlement Agreement and so that final judgment dismissing this Action on ther merits, with prejudice and without costs may be entered as set forth in the Settlement Agreement; (2) conditionally certifying the Class as set forth in the Settlement Agreement; (3) preliminarily appointing the named plaintiffs as the representatives of the Class as set forth in the Settlement Agreement; (4) scheduling a hearing (the "Fairness Hearing") to consider and determine whether final approval by the Court should be given to the proposed Settlement as set forth in the Settlement Agreement (signed by Judge Charles L. Brieant); Copies mailed. (ec) (Entered: 04/07/1999)

April 7, 1999 PACER
62

NOTICE OF MOTION by Arnold Absolu, Edner Absolu, Rafael Almonte, Roberto Aranda, Juan Benitez, Jose Bianchimano, Emily Blake, Francisca E. Bravo, David Brown, Elena Caballero, Angel F. Cabreja, Paula Cabreja, Yanet Cabreja, Jose R. Camacho, Hernando Cardona, Sergio Cardona, Arnel Cargil, Stanford Carter, Yolanda E. Castillo, Antonio Cifuentes, Sulien Cifuentes, Jesus Contreras, Jose Antonio Diaz, Nelson R. Disla, Jose A. Flores, Maria Galeano, Santana Garcia, Ivan D. Gomez, Jorge Gomez, Leticia Higinio, Jocelyn Isaacs, Jean Claude Jean, Robert Mann, Carmen Martinez, Hayzel Maxwell, Ivy Maxwell, Lloyd Maxwell, Georgia Moore, Rose Mosny, Carmen B. Mothersill, Roberto Motta, Barbara Parker, Marcia Parker, Robert L. Parker, Jose Perez, Luz A. Piantieri, Cristobal Quintana, Victoria Quispe, Luis Ramirez, Bolivar Ramos, Reyes Rodriguez, Victor Rosario, Hazel Rose, Jairo Salgado, Jose Luis Santana, Margarito Santana, Louis M. Serrano, Bienvenida Suriel, Paulino Tapia, Astleyman Tyrell, Garfield Williams for attorney fees, Return date 7/7/99 (pf) (Entered: 06/11/1999)

June 11, 1999 PACER
64

STIPULATION and ORDER of Settlement (see document) ( signed by Judge Charles L. Brieant ). (ec) (Entered: 07/08/1999)

July 7, 1999 PACER
65

Final JUDGMENT And Bar Order #99,0215wp .... The Court hereby orders and directs that the Settlement Proceeds shall be delivered to the Claims Administrator in escrow in accordance with paragraph 1.1 of the Settlement Agreement, and shall be distributed in accordance with the terms of the Settlement Agreement, including without limitation, that Class Counsel shall be reimbursed, from the Settlement proceeds, for its costs and disbursements in this Action in the amount of $27,125.00, and shall be paid, from the Settlement Proceeds, its attorney fees in this Action in the amount of $400,000.00, of which $320,000.00 shall be paid to the attorneys upon the occurrence of the Effective Date, as that term is defined in the Settlement Agreement, and the remaining $80,000 shall be paid to the attorneys upon resolution of all claims to the Settlement Proceeds. ( signed by Judge Charles L. Brieant ); Mailed copies and notice of right to appeal. EOD 7/9/99 (ec) Modified on 07/09/1999 (Entered: 07/09/1999)

July 7, 1999 PACER
63

AFFIDAVIT of Leonard A. Feiwus by Westchester County H in support Re: [61-1] motion why an order pursuant to Rule 23 of the FRCvP and other applicable law, should not be entered:(1) preliminarily approving the Settlement Agreement and approving the Notice tothe Class so that it may be forwarded to the members of the Class as set forth in the Settlement Agreement and so that final judgment dismissing this Action on ther merits, with prejudice and without costs may be entered as set forth in the Settlement Agreement; (2) conditionally certifying the Class as set forth in the Settlement Agreement; (3) preliminarily appointing the named plaintiffs as the representatives of the Class as set forth in the Settlement Agreement; (4) scheduling a hearing (the "Fairness Hearing") to consider and determine whether final approval by the Court should be given to the proposed Settlement as set forth in the Settlement Agreement . (pf) (Entered: 07/08/1999)

July 8, 1999 PACER