Case 2:11-cv-00214-wks Document 285 Filed 01/31/14 Page 1 of 4

UNITED STATES DISTRICT COURT DISTRICT OF VERMONT

CITIBANK, N.A., as assignee of CITICAPITAL MUNICIPAL FINANCE Plaintiff -vCITY OF BURLINGTON and MCNEIL, LEDDY & SHEAHAN, P.C. Defendants. PARTIES’ JOINT MOTION TO STAY PROCEEDING PENDING COMPLETION OF PARTIES’ MEDIATED SETTLEMENT AGREEMENT AND JOINT MOTION TO AMEND STIPULATED ORDER Plaintiff Citibank, N.A. (“Citibank”), Defendant City of Burlington (“Burlington”), and Defendant McNeil, Leddy & Sheahan, P.C. (“McNeil, Leddy”) (together, the “Parties”), by and through their respective counsel, respectfully request that the Court stay this action, toll all deadlines in the above-captioned action, and defer ruling on any pending motions, so that the Parties may comply with the terms of a Mediated Settlement Agreement entered into by the Parties after a two-day Early Neutral Evaluation session held January 21 to 22, 2014. As part of the Mediated Settlement Agreement the Parties also ask this Court to amend its March 27, 2012 Joint Stipulation and Order (“the Order”). The Parties seek to amend Paragraph 1 of the Order so that all further monthly payments under Paragraph 1 will be paid to Citibank and that no payments will be made into the Court. Paragraph 1 is further amended so as to obligate Burlington to make monthly payments to Citibank in an amount equal to the greater of (a) sixty percent (60%) of the “Net Cash Flow” as presently defined in the Order, or (b) $50,000.00 per month from the net revenues of Burlington Telecom. The Parties further amend Docket No. 2:11-cv-00214-wks

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Case 2:11-cv-00214-wks Document 285 Filed 01/31/14 Page 2 of 4

Paragraph 1 to state that when the sum paid to Citibank under the amended Order reaches a total of $250,000.00, Burlington will then pay on a monthly basis to Citibank sixty percent of “Net Cash Flow” as defined in the Order. The Parties agree that while this proceeding is stayed, and in accordance with the Mediated Settlement Agreement, Burlington will continue to make these payments to Citibank under the Order as amended. The Parties further agree that the payments will terminate upon dismissal of this action.

Respectfully submitted, Dated: January 31, 2014 CITIBANK, N.A., AS ASSIGNEE OF CITICAPITAL MUNICIPAL FINANCE By its attorneys /s/ Kevin M. Fitzgerald ___________ Kevin M. Fitzgerald, Esq. (Admitted Pro Hac Vice) W. Scott O’Connell, Esq. (Bar No. 3368) Holly J. Barcroft, Esq. (Bar No. 4165) Anthony J. Galdieri, Esq. (Admitted Pro Hac Vice) NIXON PEABODY LLP 900 Elm Street, 14th Floor Manchester, NH 03101-2031 TEL: (603) 628-4000 kfitzgerald@nixonpeabody.com soconnell@nixonpeabody.com hbarcroft@nixonpeabody.com agaldieri@nixonpeabody.com

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Case 2:11-cv-00214-wks Document 285 Filed 01/31/14 Page 3 of 4

THE CITY OF BURLINGTON By its attorneys Dated: January 31, 2014 By: __/s/ Marc B. Heath _________________ Robert B. Luce Marc B. Heath Eric A. Poehlmann Jennifer E. McDonald DOWNS RACHLIN & MARTIN PLLC 199 Main Street, P.O. Box 190 Burlington, VT 05402 Tel: 802-863-2375 mheath@drm.com /s/Michael B. Rosenberg________________ Thomas R. Melloni Michael B. Rosenberg Daniel A. Seff Alexander J. LaRosa BURAK ANDERSON & MELLONI, PLC 30 Main Street P.O. Box 787 Burlington, VT 05402-0787 TEL: (802) 862-0500 mrosenberg@vtlaw1.com alarosa@vtlaw1.com

By:

DEFENDANT MCNEIL, LEDDY & SHEAHAN By its attorneys Dated: January 31, 2014 By: /s/ Harry R. Ryan, III ___________

Harry R. Ryan, III, Esq. Allen R. Keyes, Esq. RYAN SMITH & CARBINE, LTD. 98 Merchants Row P.O. Box 310 Rutland, VT 05702-0310 TEL: (802) 786-1000 hrr@rsclaw.com ark@rsclaw.com 3

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Case 2:11-cv-00214-wks Document 285-1 Filed 01/31/14 Page 1 of 1

UNITED STATES DISTRICT COURT DISTRICT OF VERMONT -------------------------------X CITIBANK, N.A. as assignee of : CITICAPITAL MUNICIPAL FINANCE : : Plaintiff, : : v. : : : CITY OF BURLINGTON and MCNEIL, LEDDY & SHEAHAN, P.C. : : : Defendant. : -------------------------------X CERTIFICATE OF SERVICE I, Alexander LaRosa, hereby certify that on January 31, 2014 I electronically filed with the Clerk of the Court using the CM/ECF system the following documents: (A) “Parties’ Joint Motion to Stay Proceeding Pending Completion of Parties Mediated Settlement Agreement and Motion to Amend Stipulated Order”; (B) this Certificate of Service. The CM/ECF system will provide service of such filing via Notice of Electronic Filing (NEF) to counsel for the following NEF parties:   Plaintiff Citibank, N.A.; and Defendant McNeil, Leddy & Sheahan, P.C.

Docket No. 2:11-cv-214

Dated: January 31,2014 Burlington, Vermont By:

BURAK ANDERSON & MELLONI, PLC __/s/ Alexander LaRosa 30 Main Street – Suite 210 P.O. Box 787 Burlington, VT 05402-0787 Tel: 802-862-0500 Fax: 802-862-8176 Email: dseff@vtlaw1.com Attorneys for Defendant City of Burlington

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