Free SO ORDERED - District Court of Delaware - Delaware

Case 1 :04-cv-00389-***-IVI PT Document 91 Filed 12/08/2006 Page 1 of 3
. A Cgisae 1:04-cv—00389~KAJ Document 90 l Filed 12/08/2006 Page 1 of 11
IN THE UNITED STATES DISTRICT COURT U
` FOR THE DISTRICT OF DELAWARE
- ETS PAYPHONES, INC. ` I U
. Plaintiff A _ _
INTERWORLD COMIVIUNICATIONS, INC,
CORPSERVE, S.A. DE C.V., WORLD _
CENTER OF VIDEO CONFERENCES, Civil Action No. 04-389 (KAJ)
DE C.V., DEAN HOLLIS VELAZCO, AND ` ‘
JOHN REIVH<.E,
U Defendants. V I ni _ I U nnni . _
_ STIPULATION AND ORDER
_ ETS Payphones, Inc. (the ’) and Corpserve, S.A. deC.V. and
` Dean Hollis Velazco (the "Settling" Defendants," Plaintif1é the "Settling Parties’i)
hereby stipulate, consent and agree, in lieu of a trial in this matter and as set forth on the
record at the hearing held on December- 8, 2006, as follows:
A _ I. The parties have previously entered into a settlement agreement l
whereby $370,000 is to be paid by the Settling Defendants to the Plaintiffby 5:00 p.m.
Eastern time on December 13, 2006 to resolve this matter (the "Settlement Pa@ent").
l U Furthermore, the Settling Defendants agreeto pay the Plaintiff $5,000 in fees and l l
expenses by 5:00 p.m. Eastern time on December 20, 2006 fthe "Fee Pagnent"). Upon
Plaintiffs confirmation of timely receipt of the Settlement Payment and Fee Payment, as
set forth above, the Settling Parties shall file a stipulation of dismissal of this action with
_ prejudice in the form attached hereto as Exhibit A (the "Stipulation of Dismissal").
DB0l:2249733.l U _ · U ‘ osvasmooi

Case 1 :04-cv-00389-***-IVI PT Document 91 Filed 12/08/2006 Page 2 of 3
_ J Case 1;04—cv—00389—l 2. In the event the Settling Defendants timely pay the Settlement l
Payment, as set forth above, but fail to timely pay the Fee Payment, as set forth above,
then the Settling Parties have agreed that judgment can be entered against the Settling
· Defendants, in_ the form attached hereto as Exhibit B (the ?-‘Fee Paygrjent Consent `
J udgment"), in the amount of the Fee Payment, plus any and all attomey's fees
reasonably expended to enforce Fee Payment Consent Judgment.
_ 3. The parties have further agreed___that_if the Settlement Payment is __
l not timely paid to the Plaintiff, then judgment can be entered against the Settling
Defendants, in the form attached hereto as Exhibit C (the "Consent Judgment"), in the
` amount of $500,000, plus prejudgment interest accruing from the date of the filing of this
. _ action at the legal rate set forth in 28 U.S.C. § l96l(_a),-plus costs under Ped. Civ. _ .
Proc. 54(d). l- A l _
4. The Settling Parties agree that jurisdiction and venue for
enforcement of this Stipulation, the Stipulation of Dismissal, the Pee Payment Consent
V Judgment, and/or the Consent Judgment exists in this Court, and vvaive any and all
_ defenses based on personal jurisdiction, subject matter jurisdiction and venue.
V ` 5. This shall retain jurisdiction over this action including J l
without limitation, over implementation of, or disputes arising out of- this Stipulation, the _
Stipulation of Dismissal, the Pee Payment Consent Judgment, and/or the Consent
j Judgment. The Plaintiff is entitled to recovery of all fees and expenses, including ‘
l attorney fees, in any such proceeding to enforce this Stipulation, the Pee Payment l
Consent Judgment and/or the Consent Judgment. ‘ i,_· »
l - DB0l:2249733.l in _ _ V ‘_ 2 _ _ . 057484.100l

Case 1 :04-cv-00389-***-IVIPT Document 91 Filed 12/08/2006 Page 3 of 3
Case 1:04-cv-00389-KAJ Document 90 Filed 12/08/2006 Page 3 of 11 1
6. This action shall be dismissed with prejudice upon Court approval
U ofthe Stipulation of Dismissal, the Fee Payment Consent Judgment or the Consent A I
Judgment. p. _ 1
Dated: December E , 2006 ,»” -,
Wilmington, Delaware ‘ ·1 .
. J , /K/C I ·-
1 Kant A. Jordan 1
- » U ited States District dge
_ STIPULATED, APPROVED AND
_ CONSENTED TO AS TO FORM - 1 . . 1 I . l (
AND SUBSTANCE;
U Sean1M.2§each (N0. 4070) ` l I
Young, Conaway, Stargatt & Taylor
The Brandywine Building
1000 West Street, 17th Floor `
Wilmington, Delaware 19801 1·‘~ _
- and - .
I an Jonathan W. Jordan l an I . U
King & Spalding LLP .
1180 Peachtree Street
Atlanta, Georgia 30309
. ‘ Tel: (404) 572-3568 1 1. _ .
Fax: (404) 572-5129 U
ATTORNEYS FOR PLAINTIFF _ . U __
ETS PAYPI-IONES, INC. ‘ ~ .
—AND-Q} l Q A l
Ma a . s `n (No. 2989) I l l
Campbell & Levine .
800 North King Street, Suite 300 ~ - I ‘ . _
2 ‘ Wilmington, Delaware 19801 7 A`
ATTORNEY FOR DEFENDANT S l
DEAN HOLLIS VELAZCO AND V _ ‘ .
CORPSERVE, S.A. de C.V. 1 p
_ DBOl:2249733.l __3 _ I _. n A n ()574g4_10Ol

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