Opinion
Civil Action No. 5:07-CV-0207, GTS/ATB
09-16-2011
RONALD A. SCACCIA, Plaintiff. v. COUNTY OF ONONDAGA, NEW YORK; TIMOTHY H. COWIN; KEVIN E. WALSH; and MARK JOHNSTON, M.D., Defendants.
THE HON. GORDON J. CUFFY Onondaga County Attorney Attorney for Defendant Johnston Carol L. Rhinehart, Esq. Deputy County Attorney County of Onondaga Department of Law Dante M. Scaccia, Esq.
STIPULATION OF
DISCONTINUANCE
IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the attorneys of record for all the parties to the above-entitled action, that whereas no party hereto is an infant or incompetent person for whom a committee has been appointed and no person not a party has an interest in the subject matter of the action, the only pending claim in the above-entitled action - that is. Plaintiff's Eighth Amendment claim against Defendant Johnston in his individual capacity - be, and the same hereby is discontinued, with prejudice, and without costs or attorney's fees to either party as against the other.
This stipulation may be filed without further notice with the Clerk of the Court.
THE HON. GORDON J. CUFFY
Onondaga County Attorney
Attorney for Defendant Johnston
Carol L. Rhinehart, Esq.
Deputy County Attorney
County of Onondaga Department of Law
SCACCIA LAW FIRM
Attorneys for Plaintiff
Dante M. Scaccia, Esq.
Gleen T. Suddaby
U.S. District Judge