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DC Office of the Attorney General and Councilmember Harry Thomas, Jr.
Consent Motion for Judgment
July 22, 2011

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IN THE SUPERIOR COURT FOR THE DISTRICT OF COLUMBIA
CIVIL DIVISION

DISTRICT OF COLUMBIA, Plaintiff,
v.
HARRY L. THOMAS JR., et al., Defendants.

Case No. 11 CA 0004408

Judge John M. Mott
Next event: Initial Conference
Date: September 9, 2011

CONSENT MOTION FOR JUDGMENT

Plaintiff, 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
Attorney General for the District of Columbia

GEORGE C. VALENTINE
Deputy Attorney General Civil Litigation Division

/s/Ellen Efros
ELLEN EFROS
Assistant Deputy Attorney General Civil Litigation Division

BENNETT RUSHKOFF (Bar #386925)
Chief, Public Advocacy Section
bennettrushkoff@dc.gov

/s/ Jimmy R. Rock
JIMMY R. ROCK (Bar #493521)
Assistant Attorney General
jimmy.rock@dc.gov
Office of the Attorney General
441 Fourth Street, N.W., Suite 600-S
Washington, DC 20001
(202) 727-5173

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.
Rubin, Winston, Diercks, Harris & Cooke, LLP 1201 Connecticut Avenue, N.W., Suite 200
ashington, DC 20036

ABBE DAVID LOWELL
Chadbourne & Parke, LLP
1200 New Hampshire Avenue, N.W.
Washington, DC 20036

Attorneys for Defendants Harry L. Thomas Jr. and HLT Team Thomas/Swingaway, LLC

/s/
Jimmy Rock
Assistant Attorney General


IN THE SUPERIOR COURT FOR THE DISTRICT OF COLUMBIA
CIVIL DIVISION

DISTRICT OF COLUMBIA, Plaintiff,
v.
HARRY L. THOMAS JR., et al., Defendants.

Case No. 11 CA 0004408

Judge John M. Mott
Next event: Initial Conference
Date: September 9, 2011

MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT
OF THE DISTRICT'S CONSENT MOTION FOR JUDGMENT

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:

  1. SCR-Civil Rules 12-I.
  2. Defendants' consent to the requested relief.
  3. The record in this case, included the attached Settlement Agreement.
  4. The interests of justice.

Dated: July 22, 2011

Respectfully submitted,

IRVIN B. NATHAN
Attorney General for the District of Columbia

GEORGE C. VALENTINE
Deputy Attorney General Civil Litigation Division

/s/Ellen Efros
ELLEN EFROS
Assistant Deputy Attorney General Civil Litigation Division

BENNETT RUSHKOFF (Bar #386925)
Chief, Public Advocacy Section
bennettrushkoff@dc.gov

/s/ Jimmy R. Rock
JIMMY R. ROCK (Bar #493521)
Assistant Attorney General
jimmy.rock@dc.gov
Office of the Attorney General
441 Fourth Street, N.W., Suite 600-S
Washington, DC 20001
(202) 727-5173

Attorneys for District of Columbia


IN THE SUPERIOR COURT FOR THE DISTRICT OF COLUMBIA
CIVIL DIVISION

DISTRICT OF COLUMBIA, Plaintiff,
v.
HARRY L. THOMAS JR., et al., Defendants.

Case No. 11 CA 0004408

Judge John M. Mott
Next event: Initial Conference
Date: September 9, 2011

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.
Jimmy Rock, Esq.
Fred Cook, Esq.
Abbe Lowell, Esq.

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