Free Letter - District Court of Delaware - Delaware

Case 1 :95-cv-00410-SLR Document 95-3 Filed 12/19/2006 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
IN AND FOR THE DISTRICT OF DELAWARE
ADMART AG, HELLER WERKSTATT )
GESMBH, MR. ANDRE HELLER, AND )
MR. STEFAN SEIGNER, )
) C.A. N0.: 95-410-SLR
Plaintiffs, )
)
v. )
)
STEPHAN AND MARY BIRCH )
FOUNDATION INC. )
)
Defendant. )
PROPOSED ORDER
At Wilmington this _ day of December, 2006, IT IS ORDERED that pursuant to the October
20, 2006 Mandate 0f the United States Court of Appeals for the Third Circuit:
1. The Stephen and Mary Birch Foundation ("Birch") must pay Admart AG,
Heller Werkstatt Gesmbh, Andre Heller and Stefan Seigner (hereinafter
"plaintiffs") $4,536,222.33 in immediately available funds that cannot be
interfered with in any way on January 16, 2007 in Vienna, Austria.
2. Simultaneous with the payment ordered in paragraph l, plaintiffs shall deliver
to Birch on January 16, 2007 in Vienna Austria, the property constituting Luna
Luna, including the artwork and the documentation consisting of the ar“tists’
declarations and the technical documentation ("passports").
3. The Stephen and Mary Birch Foundation is required to pay $1 million to the
plaintiffs which shall be set off against any award by the arbitration panel
constituted in 2004. Interest on the net amount shall be payable as per the
formulation used in the Court’s Order of October 6, 2004. The total sum

Case 1:95-cv-00410-SLR Document 95-3 Filed 12/19/2006 Page 2 of 2
described in this paragraph 3 shall be due within thirty days ofthe date ofthe
arbitrat0rs’ award. In the interim, the Stephen and Mary Birch Foundation shall
continue to ensure that Thierry Ador maintains the interest bearing accounts
described in his affidavit of April 29, 2004.
4. This action shall remain open until such time as the arbitration described in
paragraph 3 has ended and the payment required by paragraph 3 has been made.
United States District Judge
2