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
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
“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”
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
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