Free Order on Motion for Order - District Court of Colorado - Colorado

Case 1:01-cv-00275-JLK

Document 773

Filed 10/19/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 01-CV-275-JLK DOMINICK PAOLONI, et al., Plaintiffs, vs. DONALD I. GOLDSTEIN, et al., Defendants, and NBSA, LLC, et al., Relief Defendants. _____________________________________________________________________________ Civil Action No. 03-CV-0807-JLK-CBS VIATICAL LIQUIDITY, LLC, a California limited liability corporation, Plaintiff, v. MARK WOLOK, et al., Defendants. ______________________________________________________________________________ ORDER APPROVING SETTLEMENT AGREEMENT ______________________________________________________________________________ THIS MATTER comes before the Court upon the Motion to Approve Settlement Agreement, the Court having reviewed the Motion and the Settlement Agreement, and being fully advised in the premises, NOW, THEREFORE, IT IS ORDERED AS FOLLOWS: 1. The Settlement Agreement, attached hereto as Exhibit A and incorporated herein by

reference, is hereby made an order of this Court. As such, the Court approves the Settlement Agreement as fair, reasonable and adequate.

Case 1:01-cv-00275-JLK

Document 773

Filed 10/19/2005

Page 2 of 2

2.

Each of the parties to the Settlement Agreement, and their counsel, shall comply with

and consummate all terms of the Settlement Agreement. 3. Upon the Effective Date, as defined in the Settlement Agreement, all claims against

Hyman Lippitt, P.C., J. Leonard Hyman, Norman L. Lippitt, Douglas A. Hyman, Brian D. O' Keefe, Nazli G. Sater, H. Joel Newman, Kenneth F. Neuman, and Terry S. Givens shall be dismissed with prejudice, each party to bear their own fees and costs, except as is expressly provided in the Settlement Agreement. The parties are directed that upon the Effective Date, they shall submit to this Court an Order for Dismissal With Prejudice as set forth herein. 4. The release set forth in the Settlement Agreement is expressly incorporated into this

Order and, as such, each of the Releasees, as defined in the Settlement Agreement is forever discharged from any of the Release Claims, as defined in the Settlement Agreement. 5. This Court retains jurisdiction over the Settlement Agreement for administration and

enforcement of its terms and conditions. DATED this 19th day of October, 2005. BY THE COURT: S/John L. Kane The Honorable John Kane, Judge

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