United States of America v. City of New York
Plaintiff: UNITED STATES OF AMERICA
Defendant: CITY OF NEW YORK
Case Number: 1:2019cv01588
Filed: February 20, 2019
Court: US District Court for the Southern District of New York
Presiding Judge: John G Koeltl
Nature of Suit: Other Statutes: False Claims Act
Cause of Action: 31:3729
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 14, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 14, 2019 Opinion or Order Filing 7 STIPULATION AND ORDER OF SETTLEMENT... IT IS HEREBY ORDERED that: The Parties agree that this Court has subject matter jurisdiction over this action and consent to this Court's exercise of personal jurisdiction over each of them. Within thirty (30) days of the Effective Date (defined below in Paragraph 24), the City shall amend Version 3 of the PW solely to request that FEMA de-obligate an additional $1,177,396.66 from the federal funds currently available to the City under Version 3 (the "De-Obligation Amount"). Defendant shall pay to the Government within thirty (30) business days of the Effective Date the sum of $4,126,227.34 (the "Paid Amount"). Of the $4,126,227.34, $0 is restitution. The Paid Amount shall be paid in accordance with instructions to be provided by the Financial Litigation Unit of the United States Attorney's Office for the Southern District of New York. Defendant agrees to cooperate fully and truthfully with the United States' investigation of individuals and entities not released in this Stipulation. Upon reasonable notice, Defendant shall encourage, and agrees not to impair, the cooperation of its directors, officers, and employees, and shall use its best efforts to make available, and encourage, the cooperation of former directors, officers, and employees for interviews and testimony, consistent with the rights and privileges of such individuals. Defendant further agrees to furnish to the United States, upon request, complete and unredacted copies of all non-privileged documents, reports, memoranda of interviews, and records in its possession, custody, or control concerning any investigation of the Covered Conduct that it has undertaken, or that has been performed by another on its behalf. Subject to the exceptions in Paragraphs 9 and 13 below (concerning excluded claims and bankruptcy proceedings), and conditioned upon Defendant's full compliance with the terms of this Stipulation, including full payment of the Paid Amount to the United States pursuant to Paragraph 4 above and full compliance with the City's obligations regarding the De-Obligation Amount pursuant to Paragraph 3 above, the United States releases the City and all its agencies and departments, including its subsidiaries and corporate predecessors, successors and assigns, from any civil or administrative monetary claim that the United States has for the Covered Conduct, including any such claim that is based on the amendment to Version 3 that is described in Paragraph 3 above, under the FCA, the Civil Monetary Penalties Law, 42 U.S.C. 1320a-7a, the Program Fraud Civil Remedies Act, 31 U.S.C. 3801-3812, and the common law theories of fraud, payment by mistake, and unjust enrichment. For avoidance of doubt, this Stipulation does not release any current or former officer, director, employee, or agent of the City from liability of any kind. The City fully and finally releases the United States, its agencies, officers, employees, servants, and agents from any claims (including attorneys' fees, costs, and expenses of every kind and however denominated) that the City has asserted, could have asserted, or may assert in the future against the United States, its agencies, officers, employees, servants, or agents related to the Covered Conduct and the United States' investigation, prosecution and settlement thereof. For avoidance of doubt, nothing in this Stipulation bars the City from creating and submitting to FEMA the amended version of the PW referenced above in paragraph 3, or from obtaining funding from FEMA under that amended PW. Notwithstanding the releases given in Paragraph 7 above, or any other term of this Stipulation, the following claims of the Government are specifically reserved and are not released by this Stipulation as further set forth in this stipulation. Defendant waives and shall not assert any defenses Defendant may have to any criminal prosecution or administrative-action relating to the Covered Conduct that may be based in whole or in part on a contention that, under the Double Jeopardy Clause in the Fifth Amendment of the Constitution, or under the Excessive Fines Clause in the Eighth Amendment of the Constitution, this Stipulation bars a remedy sought in such criminal prosecution or administrative action. Each Party shall bear its own legal and other costs incurred in connection with this matter, including the preparation and performance of this Stipulation and as further set forth in this Stipulation. So Ordered. (Signed by Judge John G. Koeltl on 3/13/19) (yv)
February 21, 2019 ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Jessica Jean Hu. The following case opening statistical information was erroneously selected/entered: Fee Status code pd (paid);. The following correction(s) have been made to your case entry: the Fee Status code has been modified to wv (waived);. (pc)
February 21, 2019 Case Designated ECF. (pc)
February 21, 2019 Magistrate Judge Barbara C. Moses 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: #http://nysd.uscourts.gov/forms.php. (pc)
February 21, 2019 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John G. Koeltl. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (pc)
February 21, 2019 Filing 6 COMPLAINT against CITY OF NEW YORK. Document filed by UNITED STATES OF AMERICA.(Hu, Jessica)
February 21, 2019 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Jessica Jean Hu. The party information for the following party/parties has been modified: UNITED STATES OF AMERICA, CITY OF NEW YORK. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party role was entered incorrectly;. (pc)
February 21, 2019 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Jessica Jean Hu to RE-FILE Document No. #3 Complaint. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected;. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc)
February 20, 2019 Filing 5 PROPOSED STIPULATION AND ORDER. Document filed by UNITED STATES OF AMERICA. (Hu, Jessica)
February 20, 2019 Filing 4 NOTICE OF APPEARANCE by Stephen Edward Kitzinger on behalf of CITY OF NEW YORK. (Kitzinger, Stephen)
February 20, 2019 Filing 3 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -COMPLAINT against UNITED STATES OF AMERICA. Document filed by UNITED STATES OF AMERICA.(Hu, Jessica) Modified on 2/21/2019 (pc).
February 20, 2019 Filing 2 CIVIL COVER SHEET filed. (Hu, Jessica)
February 20, 2019 Filing 1 FILING ERROR - PDF ERROR - COMPLAINT against UNITED STATES OF AMERICA. Document filed by UNITED STATES OF AMERICA.(Hu, Jessica) Modified on 2/20/2019 (jgo).

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Plaintiff: UNITED STATES OF AMERICA
Represented By: Jessica Jean Hu
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Defendant: CITY OF NEW YORK
Represented By: Stephen Edward Kitzinger
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