Case 1:22-cv-01275-EGS Document 17 Filed 11/16/22 Page 1 of 5 

UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF COLUMBIA 

) 

JOSH HAWLEY FOR SENATE, ) 

) 

 Plaintiff, ) Civ. No. 22-1275 (EGS) 

) 

v. ) 

) 

FEDERAL ELECTION COMMISSION, ) STIPULATION 

) 

 Defendant. ) 

) 

STIPULATION OF SETTLEMENT AND DISMISSAL 

Plaintiff Josh Hawley for Senate (“Plaintiff”) and defendant Federal Election 

Commission (“Defendant”) (collectively, the “Parties”), by and through their respective 

counsel, hereby stipulate and agree as follows in this lawsuit under the Freedom of 

Information Act (“FOIA”). 

1. Defendant shall pay Plaintiff the total amount of twenty-three thousand 

five-hundred dollars ($23,500) (the “Settlement Amount”), pursuant to 5 U.S.C. § 

552(a)(4)(E). Plaintiff agrees to accept the Settlement Amount as full and complete 

satisfaction of Plaintiff’s claims in the above-captioned matter, including any claim for 

attorneys’ fees, costs, and litigation expenses, and the Settlement Amount is inclusive 

of any interest. 

2. Defendant shall pay the Settlement Amount to Plaintiff as soon as 

reasonably practicable, consistent with its normal processing procedures, by an 

electronic transfer of funds as specified in instructions provided to counsel for the 

Defendant by Plaintiff’s counsel in writing. Plaintiff and Plaintiff’s counsel shall be 

responsible for any distribution of the Settlement Amount among themselves. Payment 
 

 

 

 

 

 

 

Case 1:22-cv-01275-EGS Document 17 Filed 11/16/22 Page 2 of 5 

of the Settlement Amount shall constitute full and final settlement of all claims by 

Plaintiff in the above captioned matter, including any claim for fees, costs, and 

expenses incurred by Plaintiff in this action and Defendant shall have no liability for 

any further amounts related to this litigation. 

3. Upon the execution of this agreement, Plaintiff hereby releases and 

forever discharges the Defendant, officers, employees, and agents from any and all 

claims and causes of action that Plaintiff asserts or could have asserted in this litigation, 

or which hereinafter could be asserted by reason of, or with respect to, or in connection 

with, or which arise out of the specific FOIA requests on which this action is based or 

any other matter alleged in the Complaint, including, but not limited to, any claim for 

attorneys’ fees, costs, or litigation expenses in connection with the above-captioned 

litigation. 

4. This Agreement is not, is in no way intended to be, and should not be 

construed as, evidence or as an admission of liability or fault on the part of the 

Defendant, its agents, servants, employees, or officers, regarding any issue of law or 

fact, or regarding the truth or validity of any allegation or claim raised in this action, or 

as evidence or as an admission by the Defendant regarding Plaintiff’s entitlement to 

attorneys’ fees and other litigation costs under the FOIA. This agreement is entered into 

by the Parties for the purpose of compromising disputed claims and avoiding the 

expense and risks of further litigation and shall not be used in any manner to establish 

liability for fees, amounts, or hourly rates in any other case or proceeding involving the 

Defendant. The Agreement is understood not to preclude or prevent Plaintiff from 

seeking, through Freedom of Information Act or other means, records not sought in the 

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Case 1:22-cv-01275-EGS Document 17 Filed 11/16/22 Page 3 of 5 

records requests that gave rise to this Civil Action. 

5. Plaintiff represents and warrants that it is the sole and lawful owner of 

all rights, title, and interests in and to every claim and other matter that it purports to 

release herein, and that it has not heretofore assigned or transferred, or purported or 

attempted to assign or transfer to any person or entity any claims or other matters herein 

released. 

6. Compliance with all applicable federal, state, and local tax requirements 

shall be the sole responsibility of the Plaintiff. This settlement agreement is executed 

without reliance upon any representation by Defendant as to tax consequences, and 

Plaintiff is responsible for the payment of any taxes that may be associated with the 

settlement payment. 

7. This settlement agreement contains the entire agreement between the 

Parties hereto, and Plaintiff acknowledges and agrees that no promise or representation 

not contained in this agreement has been made to it and acknowledges and represents 

that this settlement agreement contains the entire understanding between the Parties, 

and contains all terms and conditions pertaining to the compromise and settlement of 

the disputes referenced herein. No statement, remark, agreement, or understanding, 

oral or written, that is not contained herein shall be recognized or enforced, nor does 

this settlement agreement reflect any agreed upon purpose other than the desire of the 

Parties to reach a full and final conclusion of the litigation and to resolve that suit 

without the time and expense of further litigation. 

8. The Parties agree that this agreement will not be used as evidence or 

otherwise in any pending or future civil or administrative action against the United 

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Case 1:22-cv-01275-EGS Document 17 Filed 11/16/22 Page 4 of 5 

States, the Defendant, or any agency or instrumentality of the United States, except an 

action to enforce the terms of this Stipulation of Settlement. The Defendant expressly 

reserves the right to contest any hourly attorneys’ fee rate sought in any other case, and 

nothing contained herein is intended as an admission that any such rate is reasonable 

under the FOIA or any other fee-shifting statute. 

9. Each Party agrees to take such actions and to execute such additional 

documents as may be necessary or appropriate to fully effectuate and implement the 

terms of this agreement. 

10. This agreement may be executed in two or more counterparts, each of 

which shall be deemed to be an original and all of which together shall be deemed to be 

one and the same agreement. A facsimile, electronic, or other duplicate of a signature 

shall have the same effect as a manually executed original. 

11. Upon execution of this agreement by all Parties hereto, this agreement 

shall be binding upon and inure to the benefit of the Parties and their respective heirs, 

personal representatives, administrators, successors, and assigns. Each signatory to this 

agreement represents and warrants that he or she is fully authorized to enter into this 

agreement on behalf of his or her client(s). 

12. Execution of this agreement by counsel for Plaintiff and by counsel for 

the Defendant shall constitute a dismissal with prejudice of all claims asserted against 

Defendant in this action, as well as the dismissal of this action with prejudice, pursuant 

to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). The Parties agree that this 

Stipulation of Dismissal and Settlement will be filed on the Court docket by Defendant 

promptly after the Stipulation has been fully executed by the Parties. 

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IN WITNESS WHEREOF, the parties hereto, by and through their authorized 

counsel, intend to be legally bound and have executed this stipulation effective

November __, 2022.

For Plaintiff:

___________________

Jason Torchinsky (D.C. Bar No. 976033)

For Defendant:

Lisa J. Stevenson (D.C. Bar No. 457628)

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______________________ 

Case 1:22-cv-01275-EGS Document 17 Filed 11/16/22 Page 5 of 5 

IN WITNESS WHEREOF, the parties hereto, by and through their authorized 

counsel, intend to be legally bound and have executed this stipulation effective 

November 16 , 2022. 

For Plaint iff: 

Jason Torchinsky (D.C. Bar No. 976033) 

jtorchinsky@holtzmanvogel.com 

Jessica Johnson (D.C. Bar No. 976688) 

jessica@holtzmanvogel.com 

J. Michael Bayes (D.C. Bar No. 501845) 

jmbayes@holtzmanvogel.com 

Dennis Polio (D.C. Bar No.198054) 

dwpolio@holtzmanvogel.com 

HOLTZMAN VOGEL BARAN 

TORCHINSKY & 

JOSEFIAK PLLC 

2300 N Street NW, Suite 643A 

Washington, DC 20037 

Tel: (540) 341-8808 

Fax: (540) 341-8809 

For Defendant: 

Lisa J. Stevenson (D.C. Bar No. 457628) 

Acting General Counsel 

lstevenson@fec.gov 

Kevin Deeley 

Associate General Counsel 

kdeeley@fec.gov 

Harry J. Summers 

Assistant General Counsel 

kdeeley@fec.gov 

/s/ Greg J. Mueller 

Greg J. Mueller (D.C. Bar. No. 462840) 

Attorney 

gmueller@fec.gov 

COUNSEL FOR DEFENDANT 

FEDERAL ELECTION COMMISSION 

1050 First Street, NE 

Washington, DC 20463 

(202) 694-1650 

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