Free Stipulation - District Court of Connecticut - Connecticut

Case 3:03-cv-01031-SRU

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Filed 08/09/2006

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT UNITED STATES OF AMERICA, Plaintiff, v. ONE PARCEL OF PROPERTY LOCATED AT 38 JEFFERSON .AVENUE, : NEW LONDON, CONNECTICUT, WITH ALL APPURTENANCES AND IMPROVEMENTS THEREON, AND Defendant. [CLAIMANTS: MARIA M. FERNANDES : AND PEOPLE'S BANK] August 8,2006 Civil No. 3:03CV103 1 (SRU)

STIPULATION FOR COMPROMISE SETTLEMENT In full and final satisfaction of any and all claims, demands, and liens from which PLAINTIFF, UNITED STATES OF AMERICA ("UNITED STATES"), its agents, subrogees, successors, and assigns, now have against the above-captioned defendant property, the PLAINTIFF and the CLAIMANT, MARIA M. FERNANDES ("CLAIMANT"), and her agents, subrogees, successors, and assigns, by and through their respective counsel, hereby stipulate and agree to the compromise settlement of the above-styled action, upon the terms and conditions set forth below: 1. That the UNITED STATES agrees to dismiss the forfeiture action against the real

property located at 38 Jefferson Avenue, New London, Connecticut, and record a Release of Lis Pendens on the New London Land Records.

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2.

The CLAIMANT, MARA M. FERNANDES, hereby releases and forever discharges

the United States of America, the Drug Enforcement Administration, the United States Marshals Service, the New London Police Department, and any other law enforcement agency involved in the underlying investigation, their officers, agents, servants, and employees, their heirs, successors, or assigns, from any and all actions, causes of action, suits, proceedings, debts, dues, contracts, judgments, damages, claims, andlor demands whatsoever in law or equity which claimants, their heirs, successors, or assigns ever had, now have, or may have in the fiture in connection with the forfeiture action involving the defendant property located at 38 Jefferson Avenue, New London, Connecticut.

3.

The CLAIMANT further agrees to hold and save the United States of America, the

Drug Enforcement Administration, the United States Marshals Service, the New London Police Department, and any other law enforcement agency involved in the underlying investigation, their servants, employees, heirs, successors, or assigns harmless from any claims by any others, including costs and expenses for or on account of any and all lawsuits or claims of any character whatsoever, in connection with the forfeiture action involving the the defendant property located at 38 Jefferson Avenue, New London, Connecticut.
4. This Stipulation for Compromise Set.tlementshall not constitute an admission of

liability or fault on the part of the UNITED STATES, its officers, agents, servants, or employees, or on the part of the CLAIMANT, and is entered into by all parties for the purpose of compromising disputed claims and avoiding the expenses and risks of litigation.

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5. The UNITED STATES and the CLAIMANT agree to bear their own costs and attorneys' fees, and to execute andlor consent to, any additional documents necessary to implement the terms of this stipulated agreement. Respectfully submitted, KEVIN J. O'CONNOR UNITED STATES ATTORNEY

ASSISTANT U.S. ATTORNEY 157 CHURCH STREET NEW HAVEN, CT 065 10 TELEPHONE: (203) 821-3700 FACSIMILE: (203) 773-5373 FEDERAL BAR #ct23398

COUNSEL FOR PLAINTIFF, LNTED STATES OF AMERICA

3940~
ATE EAD STREET NEW LONDON, CT 06320 FEDERAL BAR # ct TELEPHONE: (860) 440-2755 FACSIMILE: (860) 440-2757 COUNSEL FOR THE CLAIMANT MARIA M. FERNANDES

CLAIMANT

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CERTIFICATE OF SERVICE This is to certify that a copy of the within and foregoing Stipulation for Compromise Settlement has been mailed, postage prepaid, on this 8thday of August, 2006, to: John J. Nazzaro, Esq. Rome McGuigan 164 Hempstead Street New London, CT 06320 Lawrence C. Sgrignari, Esq. Sheila J. Hall, Esq. Gesmonde, Pietresimone, Sgrignari, Pinkus & Sachs 3 127-3129 Whitney Avenue Hamden, CT 065 18

157 CHURCH STREET NEW HAVEN, CT 065 10 TELEPHONE: (203) 821-3700 FACSIMILE: (203) 773-5373 FEDERAL BAR # ct23398