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`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF NEW YORK
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`JUSTIN L. LEVY,
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`ORDER
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`09-CV-720-V
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`v.
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`RAYMOND HARRINGTON and
`CITY OF BUFFALO,
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`Defendants.
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`Whereas a mediation conference was held on October 31, 2016, at which
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`all parties -- Justin L. Levy, Raymond Harrington, and the City of Buffalo -- agreed to
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`settle this case for the total sum of $290,000 paid by the City of Buffalo to the plaintiff,
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`pursuant to a settlement agreement dated December 1, 2016; and
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`Whereas at that mediation conference and as part of the settlement, all
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`parties also agreed that the jury’s verdict at trial, rendered on July 13, 2016, should be
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`set aside in its entirety, and that the judgment on that verdict, entered on July 19, 2016,
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`should be vacated; and
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`Whereas defendant the City of Buffalo had deposited good funds with the
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`registry of this Court totaling $320,002.00, pursuant to the order of this Court on
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`September 9, 2016 (Docket Item 123); it is hereby
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`Case 1:09-cv-00720-LJV-HBS Document 131 Filed 12/07/16 Page 2 of 2
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`ORDERED that the relief requested in Defendants’ pending motions to set
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`aside the verdict (Docket Item 111) and to vacate the judgment therein (Docket Item
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`124) is granted, solely to the extent that the verdict is set aside and the judgment
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`thereon is vacated, and the motions otherwise are denied as moot; and it is further
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` ORDERED that the Clerk of this Court is directed and authorized to
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`remove the entre sum deposited and held in the registry of this Court as follows:
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`$290,000 via an official check payable to Justin L. Levy and
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`HoganWillig, as attorneys, and delivered to HoganWillig, c/o Steven M. Cohen, Esq.,
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`2410 N. Forest Road, Suite 310, Amherst, New York 14068; and
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`•
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`any remaining funds via an official check payable to The City of
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`Buffalo and delivered to The City of Buffalo, c/o J. Christine Chiriboga, Esq.,
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`Corporation Counsel, 1100 City Hall, 65 Niagara Square, Buffalo, New York 14202.
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`IT IS SO ORDERED.
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`Dated:
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`December 6, 2016
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`s/ Lawrence J. Vilardo
`LAWRENCE J. VILARDO
`United States District Judge
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`2
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