Free Stipulation of Dismissal - District Court of Connecticut - Connecticut

Case 3:03-cv—00929-AWT Document 87-2 Filed 01/16/2008 Page 1 of 4
UNITED STATES DISTRICT COURT D H
DISTRICT OF CONNECTICUT
(Hartford) . _ A - _
NICHOLAS J. SICONOLFI 1 L
V. NO.: 3103 CV 929 (AWT)
RICHARD BERNAUD AND CHRISTOPHER .
PAOLETTI : JANUARY Z, 2008
STIPULATED SETTLEMENT
WHEREAS, the above-captioned action was brought by the plaintiffs, Nicholas J.
Siconolfi, et al against The Town of Trumbull; Marlin Lively, Anne Moore, Richard Bernaud
and Christopher Paoletti charging the defendants with causing the plaintiff to sustain certain
civil and constitutional injuries; and
WHEREAS, the plaintiffs’ claims against The Town of Trumbull; Marlin Lively, and
Anne Moore were previously dismissed by this Court; and
WHEREAS, the plaintiffs and the defendants are desirous of settling the above
referenced law suit now pending between them; and
WHEREAS, the plaintiffs and the defendants agree that settlement of all of the issues
raised by the above referenced action would best serve the individual interests of all of the
parties; and
WHEREAS, the plaintiffs and the defendants, by and through their undersigned
counsel, have consented and do hereby consent to this Stipulated Settlement and agree to be
bound thereby;
NOW THEREFORE, without trial or adjudication of any of the issues of fact or law
raised by the complaint or answer herein, or which could have been raised therein, the

Case 3:03-cv—00929-AWT Document 87-2 Filed 01/16/2008 Page 2 of 4
parties hereby stipulate and agree as follows:
l. The plaintiffs and the defendants shall immediately, and with prejudice,
pursuant to Rule 41 (a) (2) FRCP, jointly move for an order of dismissal of this lawsuit with
respect to the defendants additionally; the plaintiffs shall execute and deliver to the defendants’
counsel a General Release.
2. Following dismissal of this lawsuit pursuant to Rule 4l (a) (2) FRCP as
discussed above and receipt of the signed General Release. the detendants and/or their
agents(s), within thirty (30) days thereof pay to the plaintiff the sum of two thousand five
hundred dollars ($2,500.00 US) through a check made payable to Atty. Erskine D. Mclntosh,
P.C. Trustee for Nicholas J. Siconolti.
3. The parties understand and agree that neither the payment of the aforesaid sum
is intended to constitute or be regarded as an admission of liability on the part of the
defendants nor the plaintiffs’ joining in the motion to dismiss their complaint is intended to
constitute or be regarded as an admission that their case was without merit. Rather, this
stipulation between the parties constitutes a compromise settlement of the matters stated in this
claim for the sole purpose of avoiding further expense and inconvenience to both parties in
pursuing or defending this matter as might otherwise have been required.
4. The parties expressly acknowledge that this Stipulated Settlement is intended to,
and shall, constitute full and final settlement of all claims, defenses and/or rights of action
which have arisen, or may in the future arise, out of any of the circumstances surrounding or
which are the subject of this lawsuit without limitation.
5. The parties agree that the terms and conditions of this Stipulated Settlement
shall be incorporated into the motion for order of dismissal referred to in paragraph l above,
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Case 3:03-cv—00929-AWT Document 87-2 Filed 01/16/2008 Page 3 of 4
and that the United States District court for the District of Connecticut may retain jurisdiction
over this matter for the purpose of ensuring that all ofthe terms and conditions of this
agreement are carried out as set forth herein.
6. The parties further agree that the settlement terms and conditions described
herein represent the entire agreement of the parties concerning the settlement of this lawsuit
with respect to the defendants listed herein, and that the respective parties will each bear their
own costs, fees, and expenses, and that any attorney’s tees owed by the plaintiff will be paid
out of the settlement amount and not in addition thereto.
7. The parties further agree that they shall neither discuss, communicate nor in any
way disclose to any third party, this settlement agreement. However, the parties agree that
they may speak to their individual attorneys about the settlement agreement for legal purposes
and the parties may speak about this settlement agreement to their respective tax advisers for
tax purposes. The undersigned attorneys have communicated with their clients and represent
that the aforesaid clients have agreed to the terms of this Stipulated Settlement.
RESPECTFULLY SUBMITTED,
NICHOLAS J. SICONOLFI
T`HE PLA} TIFF .
» M f
BY; . 4 · L
ATTY. ERSKINE . cINTOSH
FEDERAL BAR N . ct 9743
LAW OFFICES OF ERSKINE D. McINTOSH, PC
3129 WHITNEY AVENUE, ZM) FLOOR
HAMDEN, CT 06518-2364
Tel.: (203) 787-9994
Fax: (203) 848-1213
COUNSEL FOR THE PLAINTIFF
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Case 3:03-cv—00929-AWT Document 87-2 Filed 01/16/2008 Page 4 of 4
RICHARD BERNAUD, et al
THE DEFENDANTS
BY: é
ATTY. L IS N. GEORGE
FEDERAL BAR NO. ct OQ? F1 TL.
HASSETT & GEORGE, P.C.
945 HOPMEADOW STREET
SIMSBURY, CT 06070
Tel.: (860) 651-1333 x 121
Fax: (860) 651-1888
COUNSEL FOR THE DEFENDANTS
CERTIFICATION
This is to certiféetggt a copy ofthe foregoing was sent by first-class mail, postage
prepaid on this the / day of January, 2008 to:
Atty. Louis N. George
Hassett & George, P.C. *`·
945 Hopmeadow Street ff "# H
s‘ 0 ,cT 06070 ·’ . . " r ‘
1mS UYY _ f,
ATTY. ERS NE McINTOSH
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