Federal Deposit rnsurance Corporation, et al. ) 

) 

Plaintiff(s), ) 

) 

vs. ) 

) 

American Capital Financial Services, et al. ) 

) 

Defendant(s) ) 

) 

--------------------------~' 

CASE NO. PC 20080377liQ8 @V 111335 

REF. NO.I II 0012560 

STIPULATION FOR SETI'LEMENT 

C.C.P. § 664.6 

This case having come beforeHon. Read Ambler (Ret.) for mediation at the offices of JAMS, 

and the parties having conferred, it Is hereby stipulated that this matter is deemed settled pursuant to the 

following terms and conditions: 

. . 1. ob~ Tv,(_k:t 

~~.r:=-otc.. ·m-~~~ 

c/o .p\Mxrh+f7CoLJrtsef the total sum of$ 6'£1 bCtJ. oQ in full settlement 

and compromise of this action and in release and discharge of any and all claims and causes of action 

made in this action, and in release and discharge of any and all claims and causes of action arising out of 

the events or incidents referred to in the pleadings in this action. 

2. Plaintiff(s) agree to accept said sum in full settlement and compromise of the action and agree 

that such payment shall fully and fore~er discharge and release all claims and causes of action, whether 

now known o• now unknown, whioh plalntifl(~ ~~:;! "" """""' af !'"' defend~~"5.~ aotion 

a~ ising out .of the .incident,} deb~~ (tj ~ rt¥f"tJ";;\{i~ t\ ih iftl~ f(1J ~ M 4} tt? 1 ~-A&J tvt ~e Lfll05LN'- . This settlement includes an ~xpress waiver of Civil Code§ 1542, which states: 

1 'A general release does n?t exte?':!J~ claims wb.ich the creditor does 

not lmow or suspect to eXISt in h1l favor at the time of executing the 

release, whic!l if knpwn by bi&tst lmve materially affected hi~..,..- . /::.e. r' 

settlement with the debtor." ./J.cf..~"'7 -[""...._" - s 

'The._ l~~ LOtL\~re:. ~¥ ~ fi?lfftiJ61ff)fJ{ft71'11hi ·{v '1f{ff(lff0?J5:/9J '1:;1 

3. Plmntlff{s) further agree t6"s1gn, acknowledge and deliver to defen .. dlnts'f. standard form of a~~ 

. ~· ~X ~ · ,ft'{t!J 

oAWte 

{tiW5Urt 
5. Counsel for each of the parties to this agreement represents that he/she has fully explained to 

his/her client(s) the legal effect of this agreement and of the Release and Dismissal with Prejudice 

provided for herein and that the settlement and compromise stated herein is final and conclusive 

forthwith, and each attorney represents that his/her client(s) has freely consented to and authorized this 

agreement. 

1 1 _~Payment of the ~ed settJ~fll~l\t amount ~hall be made by as soon as reasonably possibl~ 'bJt MTl.O·--~-r-r\lt.V\ II tt.Q:-1\. \\ \ ZD \0, . 7. Unless otherwise stated }lwein, each party will bear its own attorneys' fees and court costs. 

8. Other terms and condition~.: 

9. Any provisions of Evidence Code§§ 1115- 1128 notwithstanding, this Stipulation is binding 

and may be enforced by a motion under Code of Civil Procedure§ 664.6 or by any other procedure 

permitted by law in the npplicable state or federal court. 
(b)(6) 

(b)(6] 

(b)(6] 

(b)(6] 

10. This Stipulation is admissible and subject to disclosure for purposes of enfo~cing this settlement 

agreement pursuant to CCP § 664.6, or any other procedure pennitted by law, and the provisions of the 

confidentiality agreement signed by the parties relative to this mediation are waived with respect to this 

Stipulation. 

I·· h ....... . 

· ~kha.el S.Winsten""Esq. 

Winsten Law Group 

·=--=--=-=--1 -----=--r-____JL ... J::ric Hartnett Esq. 

UO -Peter 'N: Brewer 

(b](6]