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IN THE SUPERIOR COURT FOR THE DISTRICT OF COLUMBIA DISTRICT OF COLUMBIA, Plaintiff, Case No. 11 CA 0004408 Judge John M. Mott CONSENT MOTION FOR JUDGMENTPlaintiff, the District of Columbia ("District"), by and through its Office of the Attorney General, with the consent of Defendants, Harry L. Thomas Jr. ("Thomas"), and HLT Team Thomas/Swingaway, LLC ("HLT Swingaway"), respectfully moves this Court to enter judgment in this action as set forth in the proposed Consent Judgment, which is attached hereto. The District commenced this action against Thomas and HLT Swingaway to recover hundreds of thousands of dollars that the District claims were unlawfully diverted from DC Council-earmarked grants and from charitable donations and used in large part by Mr. Thomas for his personal or political benefit. The parties have resolved this matters by agreeing to the terms and conditions set forth in the attached Settlement Agreement, see Exhibit A, and all parties consent to the relief sought by this motion. WHEREFORE, the District respectfully requests the Court grant this Consent Motion for Judgment and approve and enter the attached Consent Judgment. Dated: July 22, 2011 Respectfully submitted, IRVIN B. NATHAN GEORGE C. VALENTINE /s/Ellen Efros BENNETT RUSHKOFF (Bar #386925) /s/ Jimmy R. Rock Attorneys for District of Columbia CERTIFICATE OF SERVICE I hereby certify that on this 22nd day of July, 2011, true and correct copies of the foregoing District of Columbia's Consent Motion for Judgment and Consent Judgment were served via the Court's electronic filing system to: FREDERICK D. COOKE, JR. ABBE DAVID LOWELL Attorneys for Defendants Harry L. Thomas Jr. and HLT Team Thomas/Swingaway, LLC /s/ IN THE SUPERIOR COURT FOR THE DISTRICT OF COLUMBIA DISTRICT OF COLUMBIA, Plaintiff, Case No. 11 CA 0004408 Judge John M. Mott MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT Plaintiff, the District of Columbia ("District"), by and through its Attorney General and pursuant to SCR-Civil R. 12-I, respectfully submits the following Points and Authorities in support of its Consent Motion for Judgment:
Dated: July 22, 2011 Respectfully submitted, IRVIN B. NATHAN GEORGE C. VALENTINE /s/Ellen Efros BENNETT RUSHKOFF (Bar #386925) /s/ Jimmy R. Rock Attorneys for District of Columbia IN THE SUPERIOR COURT FOR THE DISTRICT OF COLUMBIA DISTRICT OF COLUMBIA, Plaintiff, Case No. 11 CA 0004408 Judge John M. Mott CONSENT JUDGMENT The parties to this Consent Judgment are the District of Columbia (the "District"), Harry L. Thomas Jr. ("Thomas"), and HLT Team Thomas/Swingaway, LLC ("HLT Swingaway") (collectively the "Parties"). The Parties agree that settlement of this action is in the public interest and entry of this Consent Judgment is the most appropriate means of resolving the District's claims in the above-captioned matter. The Parties have agreed to the relief set forth in this Consent Judgment and the incorporated Settlement Agreement. The Parties agree to and shall be bound by the requirements of this Consent Judgment and the incorporated Settlement Agreement. IT IS therefore, this day of , 2011, by the Superior Court of the District of Columbia: ORDERED that the District's Consent Motion for Judgment is GRANTED; and it is further ORDERED that all of the terms of the Settlement Agreement between the Parties, attached as Exhibit A to the District's Consent Motion for Judgment, are hereby incorporated into this Consent Judgment; and it is further ORDERED that this Court retains jurisdiction over the Parties and subject matter of this action to construe and enforce this Consent Judgment and incorporated Settlement Agreement. SO ORDERED. Superior Court Judge Copies sent electronically to: Bennett Rushkoff, Esq. |
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