You are on page 1of 4

Case 2:13-cv-05823-JFB-ARL Document 19-1 Filed 05/07/15 Page 1 of 4 PageID #: 122

UNITED STATES DISTRICT COURT


EASTERN DISTRICT OF NEW YORK
Christopher Briggs and TOB for Christopher
Briggs,
Plaintiffs,

I 3-ov-5823 (JFB)(ARL)

.againstThe Town of Oyster Bay, John Venditto,


individually, Michelle Johnson, individually,
Joseph 0, Pinto, individually, Chris J,
Coschignano, individually, Frederick P.
Ippolito, individually and John Does ri1-5,
individually,

STIPULATION OF SETTLEMENT

Defendants.

WHEREAS, Plaintiffs "CHRISTOPHER BRIGGS, and TOB FOR CHRISTOPHER


BRIGGS," commenced this action by the filing of a Summons and Complaint on or about
October 24, 2013; and
WHEREAS, all of the named defendants have appeared in the action, and deny the
material allegations of the Complaint; and
WHEREAS, all of the parties desire to avoid the further cost and inconvenience of
litigation, and therefore desire to settle and compromise this action on the terms set forth below;
and
WHEREAS, the defendants' agreement to this settlement and compromise is not
intended to, and does not, constitute an admission of the truth of any of the material allegations
or claims set forth in the Complaint; and

Case 2:13-cv-05823-JFB-ARL Document 19-1 Filed 05/07/15 Page 2 of 4 PageID #: 123

WHEREAS, no party to this action or stipulation of settlement is a minor or


incompetent, for whom a guardian has been appointed,
NOW, THERFORE, IT IS HEREBY STIPULATED AND AGREED, by and among
the undersigned, that this action be, and the same hereby is, settled, compromised and dismissed,
upon the following terms and conditions:
1. Upon approval of this Stipulation by the Town Board of the Town of Oyster Bay, the
Town Board shall approve the publication of a Public Notice for the purpose of scheduling a
hearing to adopt a Local Law to amend Section 11.6.1.3 of the Town Code of the Town of
Oyster Bay to read in its entirety as follows:
"11.6.1.3, Temporary signs containing expressive, non-commercial content,
including but not limited to, political campaign signs, may be displayed for a
period not to exceed 135 consecutive days. In the case of political campaign
signs only, such signs may be displayed no sooner than 120 days prior to the
election, and must be removed no later than 15 days following the election, No
such temporary expressive sign, including any campaign sign, shall exceed 64
square feet in surface area or be located within a public road or right-of-way,"

2, No later than 120 days prior to Election Day, or any special election for a state, county or
town-wide election, the Office of the Town Attorney shall circulate a memorandum to all to
Town employees advising them that they are prohibited from engaging in any political activity
on behalf of any party or candidate during their working hours, or to utilize any Town property
for such purposes.
3. Within thirty (30) days following the final execution and filing of this Stipulation of
Settlement, plaintiffs' attorney shall return to the firm of Sinnreich Kosakoff & Messina LLP, all
originals and copies of any of the photographs or videos referred to in the Complaint, and all
other photographs and videos relating to the election of November 2013 within his/their
2

Case 2:13-cv-05823-JFB-ARL Document 19-1 Filed 05/07/15 Page 3 of 4 PageID #: 124

possession, custody or control, together with a sworn affidavit of plaintiff CHRISTOPHER


BRIGGS that all copies of said photographs or videos in his possession, custody or control have
been either turned over to said law firm or destroyed. Any failure by plaintiff to comply with
this portion of this Stipulation of Settlement shall be punishable as a civil contempt of the Court
in the manner to be determined by the Court,
4. Within thirty (30) days following the final execution and filing of this Stipulation of
Settlement, the Town of Oyster Bay shall pay to plaintiffs the sum of Five thousand Dollars
($5,000), in full payment and satisfaction of all of plaintiffs' claims for monetary damages, legal
fees or other compensation or monetary award arising under the Complaint. Such payment shall
be made by check payable to "Campanelli & Associates, P.C., as Attorneys,"
5.

By executing this Stipulation of Settlement, plaintiffs and each named defendant,

and their respective officers, employees, heirs, executors, administrators, successors and assigns,
hereby reciprocally release and discharge the other from all claims, actions, causes of action,
suits, debts, injuries, damages and demands whatsoever relating to (i) the subject matter of the
Complaint, including all claims asserted or which could have been asserted therein; (ii) all claims
arising out of the conduct of any of the defendants with respect to the election of November
2013; and (iii) any alleged deficiency or constitutional infirmity with respect to the provisions
and requirements of Chapter 246-11 of the Town Code of the Town of Oyster Bay, which
Releasor ever had, now has or hereafter can, shall, or may have for, upon, or by reason of any
matter set forth in subsections (i) (ii) or (iii) herein.

Case 2:13-cv-05823-JFB-ARL Document 19-1 Filed 05/07/15 Page 4 of 4 PageID #: 125

6, Simultaneously with the execution and filing of this Stipulation of Settlement, counsel for
all parties shall execute a Stipulation and Order of Dismissal, dismissing this action with
prejudice and without costs by any party as against any other party.
Dated: May 7 , 2015

Andrew J. Campanelli, Esq.


Campanelli & Associates, P.C.
Attorneys for Plaintiffs
1757 Merrick Avenue, Suite 204
Merrick, New York 11566
(516) 746-1600

Jonathan Sinnreich, Esq.


Sinnreich Kosakoff & Messina LLP
Attorneys for Individual Defendants
267 Carleton Avenue, Suite 301
ntral Islip, New York 11722
1) 650-1200

Christopher Kendrie, Esq.


Goldberg Segalla LLP
Attorneys for Defendant Town
200 Garden City Plaza, Suite 520
Garden City, New York 11530
(516) 281-9816

F: \ Data \ 1221-291St ulation of Settlemeitdocx

You might also like