Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Look up keyword
Like this
3Activity
0 of .
Results for:
No results containing your search query
P. 1
Ash by March 13

Ash by March 13

Ratings: (0)|Views: 7,683|Likes:
Published by nancy_sarnoff

More info:

Published by: nancy_sarnoff on Mar 13, 2012
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

03/13/2012

pdf

text

original

 
1
 
IN THE UNITED STATES DISTRICT COURTFOR THE SOUTHERN DISTRICT OF TEXASHOUSTON DIVISION
MARYLAND MANOR ASSOCIATES andBUCKHEAD INVESTMENT PARTNERS,INC.,§§§§Plaintiffs, §§CIVIL CASE NO. 4:10-CV-1736
versus
CITY OF HOUSTON,Defendant.§§§§§
NOTICE OF SETTLEMENT AND JOINT MOTION FORCONDITIONAL DISMISSAL WITH PREJUDICE
TO THE HONORABLE JUDGE LEE H. ROSENTHAL:COME NOW, Plaintiffs Maryland Manor Associates and Buckhead Investment Partners,Inc.
(“Plaintiffs”) and Defendant
City of Houston
(“City)
(collectively, the
“Parties”) and file
this their Notice of Settlement and Joint Motion for Conditional Dismissal with Prejudice, and insupport thereof will show the Court as follows:1.
 
The Parties have reached a compromise and settlement of the matters in dispute in
this lawsuit (the “Settlement”), the ter 
ms of which are reflected in a Settlement Agreement and
Full and Final Release (“Settlement Agreement”
).2.
 
As part of the Settlement, the Parties ask the Court to enter a conditional dismissalwith prejudice of this lawsuit. The conditional dismissal will allow Plaintiffs to move forwardwith their revised Project in accordance with the terms of the Settlement Agreement. Thedismissal is conditioned upon
the City’s
abiding by the terms of the Settlement Agreement. If the City does not abide by the terms of the Settlement Agreement, Plaintiffs can invoke theconditional nature of this dismissal by filing a motion in this Court, where Plaintiffs will bear the
Case 4:10-cv-01736 Document 83 Filed in TXSD on 03/13/12 Page 1 of 3
 
2
 
burden in establishing that the City committed a material breach of the Settlement Agreement.The determination of whether the City has committed a material breach of the SettlementAgreement shall be made by the Honorable Judge Lee H. Rosenthal. If Plaintiffs meet thatburden, the lawsuit may be reinstated, and Plaintiffs may continue to litigate their claims in theseproceedings through final judicial resolution. In the event that the lawsuit is reinstated, theParties will submit a Motion for Entry of a Scheduling Order to govern future proceedings.3.
 
Notwithstanding anything else contained herein or within the SettlementAgreement, the conditional dismissal with prejudice will become final and irrevocable on March31, 2013, and the lawsuit cannot be reinstated for any reason after that date.
CONCLUSION AND PRAYER
WHEREFORE, PREMISES CONSIDERED, the Parties jointly request this Court enterthe attached, Agreed Order for Conditional Dismissal with Prejudice.
Case 4:10-cv-01736 Document 83 Filed in TXSD on 03/13/12 Page 2 of 3
 
3
 
Dated: March 13, 2012BARRON & ADLER, L.L.P. / 
s/ Kimberli Deagen Loessin
 Kimberli Deagen LoessinAttorney-in-ChargeTexas Bar No. 24004482Federal Bar No. 9106901421 Heights BlvdHouston, Texas 77008Telephone: (713) 526-1500Facsimile: (713) 526-1550Stephen I. AdlerTexas Bar No. 00927700Barron & Adler, L.L.P.808 Nueces StreetAustin, Texas 78701-2216Telephone: (512) 478-4995Facsimile: (512) 478-6022
LAW OFFICES OF THOMAS E. SHEFFIELD
Thomas E. SheffieldTexas State Bar No. 18185400Federal Admission No. 14228609 Bradford Avenue, Suite 101Kemah, Texas 77565Telephone: (281) 549-4732Facsimile: (281) 549-4735
Counsel for Plaintiffs Maryland Manor Associates and Buckhead Investment Partners, Inc.
Respectfully submitted and agreed to by:FULBRIGHT & JAWORSKI L.L.P. / 
s/ Edward B. Adams, Jr.
Edward B. Adams, Jr.Attorney-in-ChargeState Bar No. 00790200Federal ID No. 19186
 
Fulbright Tower1301 McKinney, Suite 5100Houston, TX 77010-3095Telephone: (713) 651-5151Facsimile: (713) 651-5246Seth M. IsgurTexas Bar No. 24054498Fed. ID No. 918729Mary Beth Balhoff Texas Bar No. 24055136Fed ID No. 11003771301 McKinney, Suite 5100Houston, TX 77010-3095Telephone: (713) 651-5151Facsimile: (713) 651-5246
Counsel for Defendant City of Houston
Case 4:10-cv-01736 Document 83 Filed in TXSD on 03/13/12 Page 3 of 3

You're Reading a Free Preview

Download
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->