Free Stipulation - District Court of Federal Claims - federal

Case 1:06-cv-00427-CFL

Document 28

Filed 04/24/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS BERNARD d'ABRERA and HILL HOUSE PUBLISHERS PTY LTD., Plaintiffs,

) ) )
No. 06-427 C

THE UNITED STATES, Defendant. BERNARD d'ABRERA and HILL HOUSE PUBLISHERS PTY LTD., Plaintiffs,
V.

) ) ) )
) ) ) ) ) ) ) ) ) )

Judge Charles F. Lettow

No. 07-365 C Judge Charles F. Lettow

THE UNITED STATES, Defendant.

STIPULATION FOR THE ENTRY OF JUDGMENT For the purpose of settling and compromising these consolidated actions, Plaintiffs, Bernard d'Abrera and Hill House Publishers Pty Ltd., and Defendant, the United States ("the government"), stipulate to the following: 1. Plaintiffs, Bernard d'Abrera and Hill House Publishers Pty Ltd., are the exclusive

owners of all right, title, and interest in all copyrights for Butterflies of the Oriental Region, Part I; Butterflies of the Oriental Region, Part II; Butterflies of the Oriental Region, Part III; and The Butterflies of the Malay Peninsula; and have the right to grant licenses in said copyrights. 2. Plaintiffs brought this action pursuant to 28 U.S.C. § 1498(b) seeking reasonable and

entire compensation for the alleged infringement by or for the government of these copyrights.

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3.

Plaintiffs have submitted a written offer to the government to settle this action by

fully releasing the government from all claims that were brought or could have been brought in these consolidated cases; and from all liability for any and all use by or for the United States related solely to the accused work An Illustrated Checklist for the Butterflies of Myanmar, and, throughout the world, of any copyrights claimed in Butterflies of the Oriental Region, Part I; Butterflies of the Oriental Region, Part II; Butterflies of the Oriental Region, Part III; and The Butterflies of the Malay Peninsula, and any related works, related solely to the accused work An Illustrated Checklist for the Butterflies of Myanmar. In addition, as part of the settlement, the government would fully release Plaintiffs from any and all claims that were brought in these consolidated cases. 4. The government, by its authorized representative of the Attorney General, has duly

agreed to accept this offer. 5. In consideration for this Stipulation for Entry of Judgment and the releases set forth

in ¶ 3 above, the parties have agreed that judgment in these consolidated actions be entered in favor of Plaintiffs and against the government for the total lump sum of One-Hundred Twenty Thousand Dollars ($120,000.00)o 6. In accordance with the terms of the offer and the acceptance and to secure the

performance thereof, the government, by its authorized representative of the Attorney General, and Plaintiffs hereby enter into this Stipulation to be filed in the above-identified actions for the purpose of causing a final judgment to be entered against the government in accordance with the terms set forth above. 7. The parties agree to bear their own costs and attorneys' fees.

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8.

In the event that the Court declines to enter judgment in accordance with this

Stipulation, in whole or in part, the Stipulation shall be void, and without prejudice to any party.
Respectfully submitted, JEFFREY S. BUCHOLTZ Acting Assistant Attorney General

Director (Authorized representative of the Attorney General)

OF COUNSEL: LAURYN GUTTENPLAN Smithsonian Institution

April 24, 2008

SCOTT BOLDEN Senior Trial Counsel Commercial Litigation Branch Civil Division Department of Justice Washington, DC 20530 Telephone: (202) 307-0262 Facsimile: (202) 307-0345 ¯

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Resp~ff'ully submitted,

181 W~t ~ison, S~ ~ CMo~o, Ill~ois ~ To[~ho~: O12) 236-0733 F~imil¢: (312) 236-3137 Attom~o't~ta~

Plaintiff (and authorized representative of Plaintiff Hill Hou8~ Publishor~ Pry. Ltd.)