Case: Hernandez v. City of New York

COMPLAINT against Bill De Blasio, Ernest F. Hart, FNU Hyland, Kenneth Lehr, Terence Monahan, NYPD Members John and Jane Does 1-157, FNU Rabel, Kenneth Rice, Dermot Shea, The City Of New York,. (Filing Fee $ 402.00, Receipt Number ANYSDC-25017304)Document filed by Jonathan Davis, Rafael-Lev Gilbert, Natalie Baker, Krystin Hernandez, Roxanne Zech, Ethan Chiel, August Leinbach, David Holton, Sarah Mills-Dirlam, Kyla Raskin, Jalen Matney, Rex Santus. (Attachments: # 1 Exhibit Attachment 1: June 3, 2020 Public Defender Joint Letter, # 2 Exhibit Attachment 2: June 7, 2020 NLG-NYC Letter, # 3 Exhibit Attachment 3: June 17, 2020 City Bar Statement, # 4 Exhibit Attachment 4: Plaintiffs' Written Statements).(Green, Remy) (Entered: 09/02/2021)

1 Exhibit Attachment 1: June 3, 2020 Public Defender Joint Letter

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2 Exhibit Attachment 2: June 7, 2020 NLG-NYC Letter

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3 Exhibit Attachment 3: June 17, 2020 City Bar Statement

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4 Exhibit Attachment 4: Plaintiffs' Written Statements

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FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Green, Remy) Modified on 9/3/2021 (jgo). (Entered: 09/02/2021)

RELATED CASE AFFIRMATION of Remy Green re: that this action be filed as related to 20-cv-8924. Document filed by Natalie Baker, Ethan Chiel, Jonathan Davis, Rafael-Lev Gilbert, Krystin Hernandez, David Holton, August Leinbach, Jalen Matney, Sarah Mills-Dirlam, Kyla Raskin, Rex Santus, Roxanne Zech..(Green, Remy) (Entered: 09/02/2021)

NOTICE OF APPEARANCE by Gideon Orion Oliver on behalf of Natalie Baker, Ethan Chiel, Jonathan Davis, Rafael-Lev Gilbert, Krystin Hernandez, David Holton, August Leinbach, Jalen Matney, Sarah Mills-Dirlam, Kyla Raskin, Rex Santus, Roxanne Zech..(Oliver, Gideon) (Entered: 09/03/2021)

Notice to Attorney Regarding Deficient Civil Cover Sheet

FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to THE CITY OF NEW YORK; NEW YORK CITY MAYOR BILL DE BLASIO; NEW YORK POLICE DEPARTMENT (NYPD) COMMISSIONER DERMOT SHEA; NYPD CHIEF OF DEPARTMENT TERENCE MONAHAN; NYPD DEPUTY COMMISSIONER FOR LEGAL MATTERS ERNEST F. HART; NYPD ASSISTANT CHIEF KENNETH LEHR; NYPD LEGAL BUREAU SERGEANT KENNETH RICE; NYPD STRATEGIC RESPONSE GROUP (SRG) MEMBER FIRST NAME UNKNOWN (FNU) RABEL; NYPD SUPERVISOR FNU HYLAND, re: 1 Complaint,,. Document filed by Natalie Baker, Ethan Chiel, Jonathan Davis, Rafael-Lev Gilbert, Krystin Hernandez, David Holton, August Leinbach, Jalen Matney, Sarah Mills-Dirlam, Kyla Raskin, Rex Santus, Roxanne Zech..(Green, Remy) Modified on 9/3/2021 (jgo). (Entered: 09/03/2021)

Notice to Attorney Regarding Case Opening Statistical Error Correction

Notice to Attorney Regarding Party Modification

***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Remy Green to RE-FILE Document No. 2 Civil Cover Sheet. The filing is deficient for the following reason(s): Basis of Jurisdiction code was not selected;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located athttp://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo)

Case Opening Initial Assignment Notice

***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Remy Green. The following case opening statistical information was erroneously selected/entered: Jury Demand code n (None); County code Albany; Fee Status code due (due);. The following correction(s) have been made to your case entry: the Jury Demand code has been modified to p (Plaintiff); the County code has been modified to Queens; the Fee Status code has been modified to pd (paid);. (jgo)

CIVIL COVER SHEET filed..(Green, Remy) (Entered: 09/03/2021)

Case Designated ECF

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Remy Green. The party information for the following party/parties has been modified: The City Of New York,; Mayor Bill De Blasio; Dermot Shea; NYPD Chief of Dep Terence Monahan; NYPD Dep. Com. for L Ernest F. Hart; NYPD Legal Bur. Sgt. Kenneth Rice; NYPD SRG Member FNU Rabel. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was omitted;. (jgo)

Case Referred as Possibly Related/Similar

Notice to Attorney Regarding Deficient Request for Issuance of Summons

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(jgo)

Case Designated ECF. (jgo)

CASE REFERRED TO Judge Colleen McMahon as possibly related to 20-cv-8924. (jgo)

***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Remy Green to RE-FILE Document No. 5 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; remove NYPD Members John and Jane Does 1-157 from the attached rider. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo)

REQUEST FOR ISSUANCE OF SUMMONS as to THE CITY OF NEW YORK; NEW YORK CITY MAYOR BILL DE BLASIO; NEW YORK POLICE DEPARTMENT (NYPD) COMMISSIONER DERMOT SHEA; NYPD CHIEF OF DEPARTMENT TERENCE MONAHAN; NYPD DEPUTY COMMISSIONER FOR LEGAL MATTERS ERNEST F. HART; NYPD ASSISTANT CHIEF KENNETH LEHR; NYPD LEGAL BUREAU SERGEANT KENNETH RICE; NYPD STRATEGIC RESPONSE GROUP (SRG) MEMBER FIRST NAME UNKNOWN (FNU) RABEL; NYPD SUPERVISOR FNU HYLAND, re: 1 Complaint,,. Document filed by Natalie Baker, Ethan Chiel, Jonathan Davis, Rafael-Lev Gilbert, Krystin Hernandez, David Holton, August Leinbach, Jalen Matney, Sarah Mills-Dirlam, Kyla Raskin, Rex Santus, Roxanne Zech..(Green, Remy) (Entered: 09/03/2021)

NOTICE OF APPEARANCE by Elena Louisa Cohen on behalf of Natalie Baker, Ethan Chiel, Jonathan Davis, Rafael-Lev Gilbert, Krystin Hernandez, David Holton, August Leinbach, Jalen Matney, Sarah Mills-Dirlam, Kyla Raskin, Rex Santus, Roxanne Zech..(Cohen, Elena) (Entered: 09/03/2021)

NOTICE OF APPEARANCE by Jessica Massimi on behalf of Natalie Baker, Ethan Chiel, Jonathan Davis, Rafael-Lev Gilbert, Krystin Hernandez, David Holton, August Leinbach, Jalen Matney, Sarah Mills-Dirlam, Kyla Raskin, Rex Santus, Roxanne Zech..(Massimi, Jessica) (Entered: 09/06/2021)

ELECTRONIC SUMMONS ISSUED as to City of New York, Bill De Blasio, Ernest F. Hart, FNU Hyland, Kenneth Lehr, Terence Monahan, FNU Rabel, Kenneth Rice, Dermot Shea..(jgo) (Entered: 09/07/2021)

SUMMONS RETURNED EXECUTED Summons and Complaint,, served. City of New York served on 9/9/2021, answer due 9/30/2021. Service was accepted by Betty Mazyck, Clerk. Document filed by Jonathan Davis; Rafael-Lev Gilbert; Natalie Baker; Krystin Hernandez; Roxanne Zech; Ethan Chiel; August Leinbach; David Holton; Sarah Mills-Dirlam; Kyla Raskin; Jalen Matney; Rex Santus..(Massimi, Jessica) (Entered: 09/13/2021)

SUMMONS RETURNED EXECUTED Summons and Complaint,, served. Bill De Blasio served on 9/9/2021, answer due 9/30/2021. Service was accepted by Betty Mazyck, Clerk. Document filed by Jonathan Davis; Rafael-Lev Gilbert; Natalie Baker; Krystin Hernandez; Roxanne Zech; Ethan Chiel; August Leinbach; David Holton; Sarah Mills-Dirlam; Kyla Raskin; Jalen Matney; Rex Santus..(Massimi, Jessica) (Entered: 09/13/2021)

SUMMONS RETURNED EXECUTED Summons and Complaint,, served. Ernest F. Hart served on 9/9/2021, answer due 9/30/2021. Service was accepted by PAA Davis. Document filed by Jonathan Davis; Rafael-Lev Gilbert; Natalie Baker; Krystin Hernandez; Roxanne Zech; Ethan Chiel; August Leinbach; David Holton; Sarah Mills-Dirlam; Kyla Raskin; Jalen Matney; Rex Santus..(Massimi, Jessica) (Entered: 09/13/2021)

SUMMONS RETURNED EXECUTED Summons and Complaint,, served. Kenneth Lehr served on 9/9/2021, answer due 9/30/2021. Service was accepted by PAA Davis. Document filed by Jonathan Davis; Rafael-Lev Gilbert; Natalie Baker; Krystin Hernandez; Roxanne Zech; Ethan Chiel; August Leinbach; David Holton; Sarah Mills-Dirlam; Kyla Raskin; Jalen Matney; Rex Santus..(Massimi, Jessica) (Entered: 09/13/2021)

SUMMONS RETURNED EXECUTED Summons and Complaint,, served. Terence Monahan served on 9/9/2021, answer due 9/30/2021. Service was accepted by PAA Davis. Document filed by Jonathan Davis; Rafael-Lev Gilbert; Natalie Baker; Krystin Hernandez; Roxanne Zech; Ethan Chiel; August Leinbach; David Holton; Sarah Mills-Dirlam; Kyla Raskin; Jalen Matney; Rex Santus..(Massimi, Jessica) (Entered: 09/13/2021)

SUMMONS RETURNED EXECUTED Summons and Complaint,, served. FNU Rabel served on 9/10/2021, answer due 10/1/2021. Service was accepted by Sergeant Lemarrd. Document filed by Jonathan Davis; Rafael-Lev Gilbert; Natalie Baker; Krystin Hernandez; Roxanne Zech; Ethan Chiel; August Leinbach; David Holton; Sarah Mills-Dirlam; Kyla Raskin; Jalen Matney; Rex Santus..(Massimi, Jessica) (Entered: 09/13/2021)

SUMMONS RETURNED EXECUTED Summons and Complaint,, served. Kenneth Rice served on 9/9/2021, answer due 9/30/2021. Service was accepted by PAA Davis. Document filed by Jonathan Davis; Rafael-Lev Gilbert; Natalie Baker; Krystin Hernandez; Roxanne Zech; Ethan Chiel; August Leinbach; David Holton; Sarah Mills-Dirlam; Kyla Raskin; Jalen Matney; Rex Santus..(Massimi, Jessica) (Entered: 09/13/2021)

SUMMONS RETURNED EXECUTED Summons and Complaint,, served. Dermot Shea served on 9/9/2021, answer due 9/30/2021. Service was accepted by Betty Mazyck, Clerk. Document filed by Jonathan Davis; Rafael-Lev Gilbert; Natalie Baker; Krystin Hernandez; Roxanne Zech; Ethan Chiel; August Leinbach; David Holton; Sarah Mills-Dirlam; Kyla Raskin; Jalen Matney; Rex Santus..(Massimi, Jessica) (Entered: 09/13/2021)

CASE ACCEPTED AS RELATED. Create association to 1:20-cv-08924-CM. Notice of Assignment to follow. (aea)

Case Accepted as Related

Notice of Case Assignment/Reassignment

NOTICE OF CASE REASSIGNMENT to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (aea)

Magistrate Judge Gabriel W. Gorenstein is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (aea)

Case Designation

LETTER MOTION for Extension of Time to File Answer addressed to Judge Colleen McMahon from Elissa B. Jacobs dated September 30, 2021. Document filed by City of New York, Bill De Blasio, Terence Monahan, Dermot Shea..(Jacobs, Elissa) (Entered: 09/30/2021)

ORDER granting 19 Letter Motion for Extension of Time to Answer re 19 LETTER MOTION for Extension of Time to File Answer addressed to Judge Colleen McMahon from Elissa B. Jacobs dated September 30, 2021., 1 Complaint. Request granted. This case is hereby consolidated with all the cases arising out of the BLM protests in the summer of 2020, for discovery purposes. Your Judge is Judge Gorenstein. City of New York answer due 11/15/2021; Bill De Blasio answer due 11/15/2021; Terence Monahan answer due 11/15/2021; Dermot Shea answer due 11/15/2021. (Signed by Judge Colleen McMahon on 10/4/2021) (kv) (Entered: 10/04/2021)

LETTER MOTION for Extension of Time to File Answer addressed to Magistrate Judge Gabriel W. Gorenstein from Dara L. Weiss dated November 12, 2021. Document filed by City of New York..(Weiss, Dara) (Entered: 11/12/2021)

ANSWER to 1 Complaint,, with JURY DEMAND. Document filed by City of New York, Bill De Blasio, Terence Monahan, Dermot Shea..(Weiss, Dara) (Entered: 11/15/2021)

ORDER: granting 21 Letter Motion for Extension of Time to Answer re 21 LETTER MOTION for Extension of Time to File Answer. addressed to Magistrate Judge Gabriel W. Gorenstein from Dara L. Weiss dated November 12, 2021. "I don't know what you mean by "sua sponte", but I don't think it means what you think it means. You have made a request for additional time to complete your investigation. That is your application-any response by me is not a "sua sponte" (of my own volition, at my own instance) order. I agree that your request for a "sua sponte" order makes no sense. You can have 14 extra days. City of New York answer due 12/6/2021. (Signed by Judge Colleen McMahon on 11/15/2021) (ama) (Entered: 11/16/2021)

LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Dara L. Weiss dated November 29, 2021 re: Respectfully requesting a further extension of time to answer or otherwise respond to the Complaint. Document filed by City of New York..(Weiss, Dara) (Entered: 11/29/2021)

LETTER MOTION for Extension of Time to File Answer re: 1 Complaint,, addressed to Judge Colleen McMahon from Dara L. Weiss dated December 1, 2021. Document filed by City of New York..(Weiss, Dara) (Entered: 12/01/2021)

ORDER granting 25 Letter Motion for Extension of Time to Answer re 25 LETTER MOTION for Extension of Time to File Answer re: 1 Complaint,, addressed to Judge Colleen McMahon from Dara L. Weiss dated December 1, 2021., 1 Complaint. OK.. (Signed by Judge Colleen McMahon on 12/3/2021) (kv) (Entered: 12/03/2021)

ANSWER to 1 Complaint,, with JURY DEMAND. Document filed by Kenneth Lehr, FNU Rabel..(Weiss, Dara) (Entered: 12/09/2021)

ENDORSED LETTER: addressed to Magistrate Judge Gabriel W. Gorenstein from Gideon Orion Oliver dated 1/13/2022 re: For Discovery purposes. ENDORSEMENT: SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/14/2022) (ama) (Entered: 01/14/2022)

ANSWER to 1 Complaint,, with JURY DEMAND. Document filed by Ernest F. Hart, Kenneth Rice..(Weng, Jenny) (Entered: 02/14/2022)

NOTICE OF ACCEPTANCE WITH OFFER OF JUDGMENT and proof of service on July 20, 2022. Document filed by Natalie Baker, Ethan Chiel, Jonathan Davis, Rafael-Lev Gilbert, Krystin Hernandez, David Holton, August Leinbach, Jalen Matney, Sarah Mills-Dirlam, Kyla Raskin, Rex Santus, Roxanne Zech..(Oliver, Gideon) (Entered: 07/21/2022)

Notice to Court Regarding Notice of Acceptance with Offer of Judgment

PROPOSED JUDGMENT. Re: Document No. 30 Notice of Acceptance with Offer of Judgment,. Document filed by Natalie Baker, Ethan Chiel, Jonathan Davis, Rafael-Lev Gilbert, Krystin Hernandez, David Holton, August Leinbach, Jalen Matney, Sarah Mills-Dirlam, Kyla Raskin, Rex Santus, Roxanne Zech..(Oliver, Gideon) Proposed Judgment to be reviewed by Clerk's Office staff. (Entered: 07/21/2022)

Notice to Court Regarding Proposed Order

***NOTICE TO COURT REGARDING NOTICE OF ACCEPTANCE WITH OFFER OF JUDGMENT. Document No. 30 Notice of Acceptance with Offer of Judgment was reviewed and approved as to form. (km)

***NOTICE TO COURT REGARDING PROPOSED JUDGMENT. Document No. 31 Proposed Judgment was reviewed and approved as to form. (km)

JUDGMENT PURSUANT TO RULE 68: Pursuant to Rule 68 of the Federal Rules of Civil Procedure, Plaintiffs, will take judgment against defendant City of New York in this action for the total sum of Ten Thousand and One ($10,001.00) Dollars for plaintiff Krystin Hernandez, Two ' Thousand Five Hundred and One ($2,501) Dollars for' plaintiff Natalie Baker, FourThousand Five Hundred and One ($4,501) Dollars for plaintiff Ethan Chiel, Two Thousand Five Hundred and One ($2,501) Dollars for plaintiff Kyla Raskin, Three Thousand Five Hundred and One ($3,501) Dollars for plain tiff Rex Santus, Three Thousand Five Hundredand One ($3,501) Dollars for plaintiff Roxanne Zech, Three Thousand Five Hundred and One ($3,501) Dollars for plaintiff Rafael-Lev Gilbert, Three Thousand Five Hundred and One ($3,501) Dollars for plaintiff Sarah Mills-Dirlam, Three Thousand Five Hundred and One ($3,501) Dollars for plaintiff August Leinbach, Four Thousand Five Hundred and One ($4,501) Dollars for plaintiff Jalen Matney, Three Thousand Five Hundred and One ($3,501) Dollars for plaintiff Jonathan Davis, and Four Thousand and One ($4,001) Dollars for plaintiff David Holton, plus reasonable attorneys' fees, expenses, and costs to the date of the offer - July 7, 2022 - for Plaintiffs' federal claims. This judgment shall be in full satisfaction of all federal and state lawclaims or rights that Plaintiffs may have to damages, or any other form of relief, arising out of the alleged acts or omissions of Defendants or any official, employee, or agent, either past or present, of the City of New York, or any agent:y thereof, in connection with the facts and circumstances that are the subject of this action and further set forth in this Order. (Signed by Judge Colleen McMahon on 7/26/2022) (rro) (Entered: 07/26/2022)

LETTER MOTION for Extension of Time by which Plaintiff must file an application for attorney's fees, costs, and expenses addressed to Judge Colleen McMahon from Elena Cohen dated July 28, 2022. Document filed by Natalie Baker, Ethan Chiel, Jonathan Davis, Rafael-Lev Gilbert, Krystin Hernandez, David Holton, August Leinbach, Jalen Matney, Sarah Mills-Dirlam, Kyla Raskin, Rex Santus, Roxanne Zech..(Cohen, Elena) (Entered: 07/28/2022)

ORDER granting 33 Letter Motion for Extension of Time. Extension Granted.. (Signed by Judge Colleen McMahon on 8/1/2022) (kv) (Entered: 08/01/2022)

CONSENT LETTER MOTION for Extension of Time to file fee applications in Minett and Hernandez addressed to Judge Colleen McMahon from Remy Green dated 2022-09-29. Document filed by Natalie Baker, Ethan Chiel, Jonathan Davis, Rafael-Lev Gilbert, Krystin Hernandez, David Holton, August Leinbach, Jalen Matney, Sarah Mills-Dirlam, Kyla Raskin, Rex Santus, Roxanne Zech..(Green, Remy) (Entered: 09/29/2022)

ORDER granting (30 in 1:21-cv-08161-CM) CONSENT LETTER MOTION for Extension of Time to file fee applications in Minett and Hernandez. Extension granted. (Signed by Judge Colleen McMahon on 9/29/2022) (jca) (Entered: 09/30/2022)

ENDORSED LETTER addressed to Judge Colleen McMahon from Elena Cohen dated 12/6/2022 re: Given that, we ask the Court to grant an extension of the time until January 23, 2022 for Plaintiffs to file the fee applications in both Minett and Hernandez pursuant to the relevant Rule 68 offers.. ENDORSEMENT: OK. SO ORDERED. ( Motions due by 1/23/2023.) (Signed by Judge Colleen McMahon on 12/8/2022) (kv)

ENDORSED LETTER addressed to Judge Colleen McMahon from Elena L. Cohen dated 1/20/2023 re: Given that, Plaintiffs in both the Hernandez and Minett matters ask the Court to grant an extension of the time for 30 days, until February 22, 2023, for Plaintiffs to file the fee applications in both Minett and Hernandez should the process of reducing the settlement to writing not be successful. ENDORSEMENT: Granted. In my experience Corp Counsel is slower than one might like with paperwork, but it does get done!. SO ORDERED. (Signed by Judge Colleen McMahon on 1/23/2023) (kv)

ENDORSED LETTER addressed to Judge Colleen McMahon from Gideon Orion Oliver dated 2/17/2023 re: Plaintiffs ask that the Court extend the February 22, 2023 deadline by which the Hernandez and Minett Plaintiffs must file any fee application(s), if necessary, until March 24, 2023.. ENDORSEMENT: OK. SO ORDERED. ( Motions due by 3/24/2023.) (Signed by Judge Colleen McMahon on 2/21/2023) (kv)

ENDORSED LETTER addressed to Judge Colleen McMahon from Gideon Orion Oliver dated 3/23/2023 re: extension of deadline. ENDORSEMENT: Extension granted., ( Motions due by 4/21/2023.) (Signed by Judge Colleen McMahon on 3/24/2023) (rro)

STIPULATION AND ORDER OF SETTLEMENT OF ATTORNEY'S FEES, COSTS, AND EXPENSES: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, as follows: 1. The above-referenced remaining claims for attorney's fees, expenses, and costs are hereby resolved, with prejudice, and without attorney's costs, expenses, or fees in excess of the amount specific in paragraph '2' below. 2. Defendant City of New York hereby agrees to pay attorneys' fees in the amount of Three Hundred Thousand Dollars ($300,000.00) to Cohen & Green P.L.L.C. and Gideon O. Oliver, Esq. as attorneys for Plaintiffs Krystin Hernandez, Natalie Baker, Ethan Chiel, Kyla Raskin, Rex Santus, Roxanne Zech, Rafael-Lev Gilbert, Sarah Mills-Dirlam, August Leinbach, Jalen Matney, Jonathan Davis, and David Holton, in full satisfaction of all plaintiffs' claims for attorneys' fees, expenses, and costs. In consideration for the payment of Three Hundred Thousand Dollars ($300,000.00), counsel for plaintiffs agree to release and discharge defendants City of New York; Mayor Bill De Blasio; Dermot Shea; Terence Monahan; Ernest F. Hart; Kenneth Lehr; Kenneth Rice; Police Officer Harvey Rabel; Hyland; Lieutenant Charles Hyland, 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 claims of attorneys' fees, expenses, and costs that were or could have been alleged in the aforementioned action. 3. Plaintiffs Krystin Hernandez, Natalie Baker, Ethan Chiel., Kyla Raskin, Rex Santus, Roxanne Zech, Rafael-Lev Gilbert, Sarah Mills-Dirlam, August Leinbach, Jalen Matney, Jonathan Davis, and David Holton have assigned their rights to attorneys' fees, expenses and costs to their attorneys, Cohen & Green P.L.L.C. and Gideon O. Oliver, Esq. 4. Counsel for plaintiffs hereby agree and represent that no other claims for attorneys' fees, expenses, or costs arising out of this action shall be made by or on behalf of plaintiffs in any application for attorneys' fees, expenses, or costs at any time. 5. Plaintiffs' attorneys shall execute and deliver to defendants' attorney all documents necessary to effect this settlement, including, without limitation, a release based on the terms of paragraphs 2 and 3 above. 6. Nothing contained herein shall be deemed to be an admission by any of the defendants that they have in any manner or way violated plaintiffs' 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, regulations or bylaws 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. 7. Nothing contained herein shall be deemed to constitute a policy or practice of the City of New York. 8. This Stipulation and Order contains all the terms and conditions agreed upon by the parties hereto, and no oral agreement entered into at any time nor any written agreement entered into prior to the execution of this Stipulation and Order regarding the subject matter of the instant proceeding shall be deemed to exist, or to bind the parties hereto, or to vary the terms and conditions contained herein. SO ORDERED. (Signed by Judge Colleen McMahon on 4/25/2023) (vfr) (Entered: 04/26/2023)