UNITED STATES DISTRICT COURT
 

DISTRICT OF NEW HAMPSHIRE
 

BROOK VILLAGE NORTH ASSOCIATES,
 

Plaintiff, 

v. Civil No. 06-046-JD 

ALPHONSO JACKSON, in his 

capacity as Secretary of the 

Department of Housing and Urban 

Development, 

and 

FEDERAL NATIONAL MORTGAGE 

ASSOCIATION, 

Defendants. 

STIPULATION REGARDING 

PAYMENT OF ATTORNEYS' FEES 

Whereas the parties desire to resolve the matter of 

entitlement to attorneys' fees and costs without further time and 

expense, the plaintiff, Brook Village North Associates ("Brook 

Village"), and the defendant, Alphonso Jackson, in his capacity 

as Secretary of the Department of Housing and Urban Development, 

by their respective counsel of record, hereby stipulate and agree 

as follows: 

1. That the payment of Ninety Five Thousand Dollars 

($95,000.00) by the United States of America is in full 

settlement and satisfaction of all costs and any and all claims 

for attorneys' fees under the Equal Access to Justice Act, 28 

U.S.C. § 2412(d). The United States of America shall make this 

Case 1:06-cv-00046-JD Document 61 Filed 05/28/08 Page 1 of 4
payment as soon as practicable after the filing of this 

stipulation. The payment shall be made, on behalf of plaintiff, 

to plaintiff's counsel, eoan & Lyons. Upon receipt of payment, 

plaintiff shall withdraw its Motion for Attorneys' Fees and Other 

Expenses. 

2. That plaintiff and defendant agree to release, waive, 

and abandon all claims and causes of action, claims, 

counterclaims, affirmative defenses, or any other claim by either 

party relating to this action for attorneys' fees and expenses, 

irrespective of whether they were asserted in the pleadings, as 

against plaintiff and/or the United States. 

3. That this stipulation is in no way related to or 

concerned with income or other taxes for which Brook Village is 

now liable or may become liable in the future as a result of this 

stipulation or as a result of entry of a final judgment. 

4. That Brook Village warrants and represents that no 

other action or suit with respect to the claims advanced in this 

suit is pending or will be filed in or submitted to any other 

court, administrative agency, or legislative body. Brook Village 

further warrants and represents that it has made no assignment or 

transfer of all or any part of its rights arising out of or 

relating to the claims advanced in this suit. Should there be 

now or in the future any violation of these warranties and 

representations, any amount paid by the United States pursuant to 

2 

Case 1:06-cv-00046-JD Document 61 Filed 05/28/08 Page 2 of 4
this stipulation or pursuant to any judgment entered pursuant to 

this stipulation shall be refunded promptly by Brook Village, 

together with interest thereon. 

5. That this stipulation is for the purposes of settling 

the claims for attorney fees and costs asserted in this case and 

permitting entry of final judgment, and for no other purpose. 

Accordingly, this stipulation shall not bind the parties, nor 

shall it be cited or otherwise referred to, in any proceedings, 

whether judicial or administrative in nature, in which the 

parties or counsel for the parties have or may acquire an 

interest, except as is necessary to effect the terms of this 

stipulation. 

6. That plaintiff's counsel represent that they have been 

and are authorized to enter into this stipulation on behalf of 

Brook Village. 

7. That this document constitutes a complete integration 

of the stipulation between the parties and supersedes any and all 

prior oral or written representations, understandings or 

agreements among or between them. 

3
 

Case 1:06-cv-00046-JD Document 61 Filed 05/28/08 Page 3 of 4
FOR THE PLAINTIFF: 

By: lsi T. David Plourde for
 

Andrew W. Serell, Esquire
 

NH Bar No. 2298
 

Rath, Young & Pignatelli, PC
 

P.O. Box 1500
 

Concord, NH 03302-1500
 

(603) 226-2600
 

aws@rathlaw.com
 

Dated: May 21, 2008 

SO ORDERED: 

Dated: May 28, 2008 

Respectfully submitted, 

FOR THE DEFENDANT: 

THOMAS P. COLANTUONO 

United States Attorney 

By: lsi T. David Plourde 

T. David Plourde, AUSA
 

NH Bar No. 2044
 

53 Pleasant Street, Fourth Floor
 

Concord, NH 03301-3904
 

(603) 225-1552
 

david.plourde@usdoj.gov
 

Dated: May 21, 2008 

Is/Joseph A. DiClerico, Jr. 

Joseph A. DiClerico, Jr. 

United States District Judge 

4
 

Case 1:06-cv-00046-JD Document 61 Filed 05/28/08 Page 4 of 4