SETTLEMENT AND RELEASE AGREEMENT 

This Settlement and Release Agreement {"Agreement") is made as ofDecember&2012, 

by and between the following undersigned parties: The Federal Deposit Insurance Corporation, 

as Receiver of IndyMac Bank, F.S.B ("FDIC-R"), and Michael W. Perry ("Mr. Perry"). The 

FDIC-R and Mr. Perry may be referred to herein individually as a ''Party" and collectively as 

the "Parties". 

RECITALS 

This Agreement is entered into in reference to the following: 

1. Prior to July 11, 2008, IndyMac Bank, F.S.B. (the ''Bank") was a federally 

chartered savings bank operating throughout the United States of America with its principal 

place of business in the State of California. 

2. On July 11, 2008, the Office of Tluift Supervision closed the Bank, and the 

FDIC-R was appointed receiver of the Bank pursuant to 12 U.S:C. § 1821(c). In accordance with 

12 U.S.C. § 182l(d), the FDIC-R succeeded to all rights, titles, powers and privileges of the 

Bank, including those with respect to the Bank's assets. Among the assets to which the FDICR succeeded were any and all claims, demands, and causes of actions against the Bank's former 

directors, officers and employees arising from the performance, nonperformance and/or manner 

of performance of their respective functions, duties and acts as directors, officers and/or 

employees of the Bank. 

3: Mr. Perry is a former Chief Executive Officer and Chairman of the Board of 

Directors of the BanJc. 

4. In its capacity as successor to the Bank's claims and causes of action against 

former officers and directors, the FDIC-R has sued Mr. Perry, alleging negligence in failing to 

reduce the Bank's core loan volume further and faster than the Bank was doing (the "FDIC-R 

Claims"). Mr. Perry denies any and all liability. The FDIC-R's Complaint does not allege that 

Mr. Perry caused the Bank to fail or that he caused a loss to the FDIC insurance fund. The action 

1 

Settlement and Release Agreement re Federal Deposit Insurance Corporation, as Receiver for 

lndyMac Bank, F.S.B. v. Michael Perry, United States District Court, Central District of 

California, Case No CV-11-5561 ODW (MRWx) 

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is entitled Federal Deposit Insurance Corporation, as Receiver for IndyMac Bank, F.S.B. v. 

Michael Perry, United States District Court, Central District of California, Case No CV -11-

5561 ODW (MRWx) (the "FDIC-R Action"). 

5. The FDIC-R Claims in the FDIC-R Action include claims covered as "Wrongful 

Acts" for the 2007-2008 policy period of Directors and Officers insurance policies providing 

coverage to Mr. Perry, as described hereinafter; 

6. IndyMac Bancorp, Inc. ("Bancorp") had purchased Directors and Officers 

("0&011) insurance policies from various insurers (collectively, the "Insurers") for the period 

including March 1, 2007 to March 1, 2008 (collectively, the "2007-08 Policies"); 

7. The Insurers that issued the 2007-08 Policies include, inter alia, the following 

insurance companies: 

• Arch Insurance Company ("Arch"); 

• ACE American Insurance Company ("ACE"); and 

• AXIS Reinsurance Company ("AXIS"). 

8. Mr. Perry is an insured under the 2007-08 Policies 

9. Arch and ACE filed an interpleader action on or about July 20, 2012, entitled 

Arch Insurance Company, et a/. v. Perry, et a/., United St~tes District Court, Central District of 

California, Case No. 2:12-cv-06290-JFW-FFM ("Interpleader Action") with respect to insurance 

proceeds related to the FDIC·R Action, among others. AXIS subsequently joined as a plaintiff in 

the Interpleader Action. 

I 0. The Parties deem it in their best interests to enter into this Agreement to avoid the 

uncertainty, trouble, and expense of further litigation. Among other things, the Parties have 

agreed that this Agreement shall be a settlement and release of all claims held by the FDIC-R, 

including its agents, successors and assigns, for al1 claims now or hereafter held by the FDIC-R 

against Mr. Perry that arise from or relate to the performance, non-performance or manner of 

2 

Settlement and Release Agreement re Federal Deposit Insurance Corporation, as Receiver for 

IndyMac Bank, F.S.B. v. Michael Perry, United States District Court, Central District of 

California, Case No CV-11-5561 ODW (MRWx 

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performance of Mr. Perry's functions, duties and/or actions as an employee, officer and/or 

director of the Bank, as more specifically set forth below. 

NOW, THEREFORE, in consideration of the promises, undertakings, payments, and 

releases stated herein, the sufficiency and receipt of which consideration is hereby 

acknowledged, the Parties agree as follows: 

Section 1: Payment to FDIC-R 

A. Settlement Amount Mr. Perry shall pay or cause to be paid to the FDIC-R the 

sum of Twelve Million and No/100 Dollars ($12,000,000.00) of which Eleven Million and 

No/100 Dollars ($11,000,000.00) (the "Insurance Amount") shall be paid exclusively by the 

Insurers and One Million and No/100 Dollars ($1 ,000,000.00) shall be paid by Mr. Perry from 

his personal funds (the "Individual Amount"). · 

B. Payment Of Funds 

1. Mr. Perry shall pay the Individual Amount of One MiUion and No/100 Dollars 

($1 ,000,000.00) from his personal funds within seven (7) business days of the date first set forth above. 

Mr. Perry may make the payment of this swn by delivering a check payable to the Federal Deposit 

Insurance CoipOration, as Receiver for TndyMac Bank, F.S.B., and delivered to the Federal Deposit 

Insurance Corporation, Attention Richard Gill, 3501 Fairfax Drive, Room B07020, Arlington, Virginia 

22226-3500. 

2. The Insurers shall pay the Insurance Amount of Eleven Million and No/100 

($ 11 ,000,000.00) within thirty (30) calendar days of the date they are notified of the full · 

execution of this Agreement by both Parties and are provided with a copy of the fully-executed 

Agreement. The Insurance Amount shall be paid either (1) by check(s) made payable to the 

Federal Deposit Insurance Corporation, as Receiver for lndyMac Bank, F.S.B. and delivered to 

the Federal Deposit Insurance Corporation, Attention Richard Gill, 3501 Fairfax Drive, Room 

B07020, Arlington, Virginia 22226-3500, or (2) by direct wire transfer to the FDIC-R as · 

follows: 

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Settlement and Release Agreement re Federal Deposit Insurance Corporation, as Receiver for 

JndyMac Bank, FS.B. v. Michael Perry, United States District Court, Central District of 

California, Case No CV-11-5561 ODW (MRWx 

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(b)(4) ... 

(b)(4) 

BANK: Federal Home Loan Bank ofNew York 

ROUTING#:I I 

FOR CREDIT TO: FDIC National Liquidation Account 

............. ACCOUNT#:I I 

FDIC CONTACT PERSON: Richard S. Gill, Tel. 703 562 2425 

C. Notice to the Insurers Service of notice under Subsection I.B.2 above shall be 

effective upon the date of transmittal by Federal Express or other overnight means of delivery to 

the following: 

Kim West, Esq. 

Clyde &Co. 

101 Second Street, 24th Floor 

San Francisco, CA 94105 

Counsel for Arch 

Tiffany Saltzman-Janes, Esq. 

Walker Wilcox Matousek LLP 

One North Franklin Street, Suite 3200 

Chicago, IL 60606 

Counsel for ACE 

Andrew Smith, Esq. 

Bates Carey Nicolaides LLP 

191 N. Wacker Street, Suite 2400 

Chicago, IL 60606 

Counsel for AXIS 

Notice shan also be provided by electronic mail to: ··················································· J .............. (.b.)(§) 

(b )(6) ...................... ..._1 =;;;.;;;~;;;...._ _______ ____.I 

D. Assipment of the Right to CoHect from Insurers and Cooperation 

1. In the event that the Inswers do not pay the Insurance Amount in accordance with 

Subsection I.B.2, above, then the FDIC-R shall be entitled to pursue the Insurers for such amount, as Mr. 

Peny's assignee. Mr. Perry hereby relinquishes, surrenders, transfers, conveys, and assigns to the 

FDIC-R any and all rights, title, and interest Mr. Perry has or may have to assert a cause or 

causes of action against the Insurers relating to insurance coverage for the Insurance Amount 

Wlder the 2007-08 Policies, including but not limited to claims for declaratory relief, breach of 

contract, breach of the covenant of ~ood faith and fair dealing, tortious breach of the covenant 

4 

Settlement and Release Agreement re Federal Deposit Insurance Corporation, as Receiver for 

IndyMac Bank, F.S.B. v. Michael Perry, United States District Court, Central District of 

California, Case No CV-114 5561 ODW (MRWx 

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of good faith and fair dealing, bad faith, prosecution and defense of the Interpleader Action 

(insofar as it relates to the Insurance Amount), punitive damages (to the extent assignable) and 

attorneys' fees associated with pursuing or defending such actions (collectively, the "Assigned 

Claims"). At the sole expense of FDIC-R, the FDIC-R may prosecute, defend, control, settle or 

compromise any and all of Mr. Perry's Assigned Claims, in the name of the FDIC-R, as 

assignee of Mr. Perry. All insurance rights not assigned to the FDIC-R pmsuant to this subsection D.l 

(the "Non-Assigned lnswance Rights'') are expressly reserved by Mr. Peny, including, without limitation, 

his rights against the Insurers to payment of all currently outstanding and future legal fees and 

costs payable under 2007-08 Policies covering the officers and directors of Bancorp and its 

direct and indirect subsidiaries, and in no event shall the assignment effected by this section 

impair Mr. Perry's right to collect such fees and costs, through the Interpleader Action or 

otherwise. 

2. Mr. Perry agrees to assist and to cooperate reasonably with the FDIC-R in and 

through the prosecution and defense of any claim, lawsuit or other proceeding involving the 

2007-08 Insurers on the Assigned Claims. Mr. Perry shall take no action to impede, prevent or 

otherwise impair the prosecution or defense of such claim, lawsuit or other proceeding; 

provided, however, that nothing in this Agreement shall require Mr. Perry to take any action that 

would impair or be inconsistent with his interest in pursuing his Non-Assigned Insurance Rights 

under the 2007-08 Policies, including, without limitation, with respect to the collection of 

attorney's fees and related costs or with respect to Mr. Perry's prosecution and defense of the 

Interpleader Action insofar as it concerns his Non-Assigned Insurance Rights. 

3. The FDIC-R agrees that, in its capacity as Mr. Perry's assignee, it shall take no 

position in the Interpleader Action inconsistent with Mr. Perry's position that the Insurers are 

obligated to fund other settlements to which Mr. Perry is a party- specifically, the Insurers' 

obligations to fund the settlements of the actions currently titled Coady v. Peny, eta/., Case No. 

08-CV-03812 (C.D. Cal.); and Tripp v. IndyMac Bancorp, Inc., et al., Case No. 2:07-cv-1635 

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Settlement and Release Agreement re Federal Deposit Insurance Corporation, as Receiver for 

IndyMac Bank, FS.B. v. Michael Perry, United States District Court, Central District of 

California, Case No CV-11-5561 ODW (MRWx 

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(C.D. Cal.). Nothing in this Agreement, however, shall in any way preclude the FDIC-R from 

contesting or challenging Mr. Perry's entitlement to collection or payment of currently 

outstanding or future legal fees and costs from the remaining limits of the 2007-08 Policies 

(based on the reasonableness of such fees and costs or otherwise), insofar as such collection or 

payment would impair the FDIC-R's ability to recover from the Insurers on the Assigned 

Claims. 

4. Mr. Perry agrees to execute all papers reasonably required and to take all 

reasonable actions that may be necessary, including but not limited to appearing as a witness at 

deposition and/or trial, for the FDIC-R to bring, prosecute or defend a claim, lawsuit or other 

proceeding against or by the Insurers on the signed Claims, including, but not limited to, 

attendance and participation with truthful testimony, witness interviews, depositions, hearings, 

trials and other preparation sessions, review, preparation and execution of written affidavits, 

production of all relevant non-privileged documents and records, securing and giving of 

evidence, cooperation and assistance in identifying and obtaining attendance of witnesses, and 

such other assistance and things as may be reasonably necessary to enable FDIC-R to prosecute 

and defend effectively the Assigned Claims. FDIC-R, as assignee of Mr. Perry, shall have the 

right to select counsel to conunence, prosecute and defend any claim, lawsuit or other 

proceeding brought against or by the 2007-08 Insurers on Mr. Perry's Assigned Claims. At 

FDIC-R's sole cost and expense (including with respect to any attorneys' or experts' fees, costs, 

sanctions or cost awards), FDIC-R shall direct, supervise, manage and have complete and 

exclusive control of the prosecution of such claim, lawsuit or other proceeding. 

5. Mr. Perry appoints D. Jean Veta of Covington & Burling LLP as his 

representative and attorney-in-fact to communicate and coordinate with the FDIC-R in 

connection with this Agreement and any claim, lawsuit or other proceeding contemplated 

herein. 

6. The FDIC-R hereby appoints Stephen P. Wiman of Nossarnan LLP as its 

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Settlement and Release Agreement re Federal Deposit Insurance Corporation, as Receiver for 

JndyMac Bank, FS.B. v. Michael Perry, United States District Court, Central District of 

. California, Case No CV-11-5561 ODW (MRWx 
representative and attorney-in-fact to conununicate and coordinate with Mr. Perry in connection 

with this Agreement and any claim, lawsuit or other proceeding contemplated herein. 

E. Mr. Pem Not Personally Liable for the $11 Million Payable by Insurers In no 

event shall Mr. Perry be personally liable for any portion of the Eleven Million and No/1 00 Dollars 

($11 ,000,000.00) Insurance Amount to be paid by the Insurers, regardless of whether the FDIC-R is 

able to collect such amo\lllt from any of the Insurers or combination of Insurers. In all circumstances, 

including, without limitation, the circumstances described in Subsection I.D above, :Mr. Perry's personal ( 

liability Wlderthis Agreement shall be limited to One Million and No/100 Dollars ($1,000,000.00). 

Section II: Releases 

A. Release of Mr. Perry by FDIC-R Effective upon Mr. Perry's payment of the 

Individual Amount pursuant to Section I above, the FDIC-R, for itself and its agents, successors 

and assigns, hereby irrevocably releases and discharges Mr. Perry from any and all claims, 

demands, obligations, damages, actions, and causes of action, direct or indirect, in law or in 

equity, known or tm.known, belonging to the FDIC-R, that arise from or relate to: (1) the · 

performance, nonperformance, or manner of performance of :Mr. Perry's functions, duties and 

actions as an employee, officer and/or director of the Bank, Bancorp, and/or any of Bancorp's 

direct or indirect subsidiaries; and/or (2) the fact that Mr. Perry was an officer, director, or 

employee of the Bank, Bancorp, and/or any of Bancorp's direct or indirect subsidiaries. For 

purposes of clarification and certainty, this release is applicable to, and includes, Mr. Perry and 

his immediate family members, heirs, executors, administrators, representatives, successors, and 

assigns, provided, however, that nothing in this release or in this Agreement is, constitutes or 

shall be construed as, a release or discharge of any insurer with respect to any claims in FDIC v. 

Van Del/en, et al., United State District Court, Central District of California Case No. 10-4915 

DSF(CWx), and any insurance coverage issues related to such claims, including but not limited 

to, coverage for liability, defense costs, settlement or otherwise. 

B. Release of FDIC-R by Mr. Perry Effective simultaneously with the release 

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· Settlement and Release Agreement re Federal Deposit Insurance Corporation, as Receiver for 

IndyMac Bank, F.S.B. v. Michael Perry, United States District Court, Central District of 

California, Case No ll-5561 ODW (MRWx 

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granted in Paragraph A of this Section II, Mr. Perry, on behalf of himself and his heirs, 

executors, administrators, agents, representatives, successors and assigns, hereby irrevocably 

releases and discharges the FDIC-R, and its employees, officers, directors, attorneys, agents, 

representatives, successors and assigns, from any and all known and unknown claims, demands, 

obligations, damages, actions, and causes of action, direct or indirect, in law or in equity, that 

arise from or relate to the performance, nonperformance, or manner of performance of Mr. 

Perry's functions, duties and actions as an employee, officer and/or director of the Bank. 

C. Express Reservations From Release by FDIC-R 

1. Notwithstanding any other provision contained in this Agreement, the FDIC~R 

does not release, and expressly preserves fully and to the same extent as if the Agreement had not 

been executed, any claims or causes of action: 

a against Mr. Perry, or any other person or entity for liability, if any, as the 

maker, endorser or guarantor ofany promissory note or other evidence of indebtedness payable 

or owed by them or any of them to FDIC-R, other financial institutions, or any other person or 

entity; and 

b. against any person or entity not expressly released in this Agreement. 

2. Notwithstanding any other provision hereof, this Agreement does not purport to 

waive, or intend to waive, any claims which could be brought by the United States through either 

the Department of Justice or the United States Attorney's Office for any federal judicial district. 

3. The FDIC~R represents and warrants that, as of the date of this Agreement, it has 

not transferred any claim, cause of action or other right that would be released hereunder if such 

claim, cause or action or right had not been previously transferred by the FDIC-R prior to the 

date of this Agreement, and to that end, the Parties agree that the release ~y the FDIC-R set 

forth in Paragraph A of Section II is a full and complete release of all such claims, causes of 

action and rights. 

D. Civil Code Section 1542 Waiver There is a risk that, subsequent to the 

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Settlement and Release Agreement re Federal Deposit Insurance Corporation, as Receiver for 

Indy Mac Bank, F.S. B. v. Michael Perry, United States District Court, Central District of -

California, Case No CV ll-5561 ODW (MRWx 
execution of this Agreement, the Parties hereto will discover, incur or suffer loss, damages or 

injuries which are in some way related to the matters released, but which are unknown or 

unanticipated at the time that this Agreement is executed. The Parties hereto hereby assume this 

risk and understand that this Agreement shall apply to all unknown or unanticipated results of, 

. or related to, the matters released above, as well as those known and anticipated. The Parties 

hereby expressly acknowledge that they are familiar with Section 1542 of the California Civil 

Code which provides: 

A general release does not extend to claims which the 

creditor does not know or suspect to exist in his or her 

favor at the time of executing the release, which if known 

by him or her must have materially aff~c ed · his or her 

settlement with the debtor. 

The Parties understand and acknowledge the significance and consequence of this 

specific waiver of Section 1542. Having been advised and encouraged to consult with an 

attorney of their choice concerning their rights and this Agreement and having either thoroughly 

discussed all aspects of their rights and this Agreement with an attorney to the full extent that they 

wanted prior to signing this Agreement or voluntarily chosen not to do so, the Parties hereto 

expressly waive and relinquish any and all rights and benefits which they may have under 

Section 1542 of the Civil Code (to the extent it is otherwise applicable) to the full extent that 

such rights and benefits may be lawfully waived and relinquished pertaining to the subject 

matter of this Agreement. 

E. Dismissal Of Litigation Within two business days of Mr. Perry's payment of 

the Individual Amount pursuant to Section I above, the Parties shall: 

I. Submit to the United States District Court, Central District of California, 

pursuant to Rule 41 of the Federal Rul'es .of Civil Procedure, a stipulation dismissing with 

prejudice the FDIC-R Action. Such stipulation shall be in the form and substance of 

9 

Settlement and Release Agreement re Federal Deposit Insurance Corporation, as Receiver for 

IndyMac Bank, F.S.B. v. Michael Perry, United States District Court, Central District of 

California, Case No CV-11-5561 ODW (MRWx 

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Attachment 1 hereto and incorporated herein by this reference, and shall attach this Agreement 

as an exhibit to the filing. 

2. Do everything reasonably necessary to effect a dismissal with prejudice of 

the Action, including without limitation, the execution, submission or filing of any 

additional papers with the courts. 

3. The Parties shall each bear their own costs and expenses incurred with 

respect to the Action. 

Section III: Representations and Acknowledgements 

A. No Admission of Liability The Parties acknowledge and agree that the matters 

set forth in this Agreement constitute the settlement and compromise of disputed claims, and that 

this Agreement is not an admission or evidence of liability or of coverage by any of them 

regarding any claim. Mr. Perry in fact denies any and all liability. 

B. Execution in Counteroarts This Agreement may be executed in counterparts 

by the Parties and their legal co\Ulsel and all such coWlterparts when so executed shall together 

constitute the final Agreement, as if one document had been signed by all Parties and coWISel; 

and each such counterpart, upon execution and delivery, shall be deemed a complete original, 

binding the Party subscribed thereto upon the execution by all Parties to this Agreement. 

Photocopied signatures, signatures exchanged by facsimile machine and signatures exchanged by 

e~mail PDF shall be as effective as an original signature. 

C. Binding Effect Each of the undersigned signatories for the Parties represents 

and warrants that they are a Party hereto or are authorized to sign this Agreement on behalf of 

the respective Party for which they are signing, and that they have the full power and authority to 

bind such Party to each and every provision of this Agreement. This Agreement shall be binding 

upon and inure to the benefit of the undersigned Parties and their respective heirs, executors, 

administrators, representatives, successors and assigns. 

D. Choice of Law This Agreement shall be interpreted, construed and enforced 

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Settlement and Release Agreement re Federal Deposit Insurance Corporation, as Receiver for 

lndyMac Bank, F.S.B. v. Michael Perry, United States District Court, Central District of 

California, Case No CV~l1~5561 ODW (MRWx 

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according to the applicable laws of the State of California. 

E. Entire Agreement and Amendments This Agreement constitutes the entire 

agreement and understanding between and among the undersigned Parties concerning the matters 

set forth herein. This Agreement may not be amended or modified except by another written 

instrument signed by the Party or Parties to be bound thereby, or by their respective authorized 

attomey(s) or other representative(s). This Agreement is an integrated agreement. 

F. Advice of Counsel The Parties hereby acknowledge that they have consulted 

with and obtained the advice of counsel prior to executing this Agreement, and that this 

Agreement has been explained to each Party by his or its counsel. 

G. Enforcement of Agreement In the event that any Party brings suit to enforce 

the terms of this Agreement, or based on an alleged breach of the terms hereof, the Parties agree 

to exclusive venue in the United States District Court for the Central District of California, or in 

the event that the said federal court does not have jurisdiction, the Superior Court of the State. of 

California, County of Los Angeles. In such event, the prevailing Party shall be entitled to 

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Settlement and Release Agreement re Federal Deposit Insurance Corporation, as Receiver for 

Indy Mac Bank, P SB. v. Michael Perry, United States District Court, Central District of 

California, Case No CV-11-5561 ODW (MRWx 
recover alf costs incurred from the non·prevailing Party, including reasonable attorneys' fees. 

READ CAREFULLY BEFORE SIGNING 

IN WITNESS WHEREOF, this AGREEMENT is executed and effective on the 

date first above written. 

FEDERAL DEPOSIT INSURANCE 

CORPORATION, as Receiver of 

lndyMac Bank, F.S.B 

By: ________ _ _ 

Approved as to form: 

NOSSAMAN LLP 

STEPHEN P. WIMAN 

By: _______________ __ 

STEPHEN P. WIMAN 

Attorneys for FEDERAL DEPOSIT 

INSURANCE CORPORATION, as 

Receiver oflndyMac Bank, F.S.B. 

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MICH>lEt W. PERRY I 

COVINGTON & BURLING LLP 

D. JEAN VETA 

By: ____________________ _ 

D. JEAN VETA 

Attorneys for MICHAEL W. PERRY 

.................................. 

Settlement and Release Agreement re Federal Deposit Insurance Corporation, as Receiver for 

Indy Mac Bank. F.S.B. v. Michael Perry, United States District Court, Central District of 

California, Case No CV-11-5561 ODW (MRWx 

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recover all costs incurred from the non-prevailing Party, including reasonable attorneys' fees. 

READ CAREFULLY BEFORE SIGNING 

IN WITNESS WHEREOF, this AGREEMENT is executed and effective on the 

date first above written. 

FEDERAL DEPOSIT INSURANCE 

CORPORATION, as Receiver of 

lndyMac Bank, F.S.B 

By: __ ~-------

Approved as to form: 

NOSSAMAN LLP 

STEPHEN P. WIMAN 

By: __________________ ___ 

STEPHEN P. WIMAN 

Attorneys for FEDERAL DEPOSIT 

INSURANCE CORPORATION, as 

Receiver oflndyMac Bank, F.S.B. 

MICHAEL W. PERRY 

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Settlement and Release Agreement re Federal Deposit Insurance Corporation, as Receiver for 

IndyMac Bank, F.S.B. v. Michael Perry, United States District Court, Central District of 

CaJifomia, Case No CV·ll-5561 ODW (MRWx 

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(b)(6) ........... 

recover all costs incurred from the non-prevailing Party, including reasonable attorneys' fees. 

READ CAREFULLY BEFORE SIGNING 

IN WI1NESS WHEREOF; this AGREEMENT is executed and effective on the 

date first above written. · 

FEDERAL DEPOSIT INSURANCE 

CORPORATION, as Receiver of 

lndyMac Bank, F.S:B 

··By:, ....................................................... . 

Approved as to form: 

Attorneys for FEDERAL DEPOSIT 

INSURANCE CORPORATION, as 

Receiver oflndyMac Bank, F.S.B. 

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MICHAEL W. PERRY 

COVINGTON & BURLING LLP 

D. JEAN VETA 

By: ---- ------------

. D. JEAN VETA 

Attorneys for MICHAEL W. PERRY 

Settlement and Release Agreement re Federal Deposit Insurance Corporation, as Receiver for 

/ndyMac Bank, F.S.B. v. Michael Perry, United States District Court, Central District of 

. California, Case No CV-11-5561 ODW (MRWx 
ATTACHMENT 1 
1 NOSSAMAN LLP 

(b)(6) 2 STEPHEN P. WIMAN (SBN 54825) 

....... 1-.... · ·· I 

3 TERRY C. LEUIN (SBN 1 05968) 

(b)(6) .. ......... 1 I 4 

(b)(6) 5 

6 

JOHN W. KIM (SBN 216251) 

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777 S. Figueroa Street, 34th Floor 

Los Angeles, California 90017 

7 Telephone: 213.612.7800 

Facsimile: 213.612.7801 

8 

Attorneys for Plaintiff FEDERAL 

9 DEPOSIT INSURANCE CORPORATION, 

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as Receiver for INDYMAC BANK, F.S.B. 

1 1 

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15 

UNITED STATES DISTRICT COURT 

CENTRAL DISTRICT OF CALIFORNIA 

16 FEDERAL DEPOSIT INSURANCE Case No.: CV 11-5561 ODW (MR.Wx) 

CORPORA TIO!'J,+,AS RECEIVER FOR 

17 INDYMAC BAN.l\.., F.S.B., (Hon. Otis D. Wright, II, Courtroom 11) 

18 STIPULATION OF DISMISSAL WITH 

Plaintiff, PREJUDICE PURSUANT TO FED. R. 

19 CIV. P. 41(a)(l)(A)(ii) 

20 v. 

21 MICHAEL PERRY, 

22 Defendant. 

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24 Pursuant to Fed. R. Civ. P. 41(a)(l)(A)(ii), IT IS HEREBY STIPULA'J;'ED AND 

25 AGREED by and between Plaintiff the Federal Deposit Insurance Corporation as 

26 Receiver for IndyMac Bank, F.S.B. and defendant Michael W. Perry that the entire 

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STIPULATION OF DISMISSAL WITH PREJUDICE 

Case No.: CV 11·5561 ODW (MRWx) 
1 above-captioned action is hereby dismissed with prejudice in accordance with the parties' 

2 Settlement and Release Agreement, a copy of which is attached as Exhibit A. 

3 IT IS FURTHER STIPULATED AND AGREED that the parties shall bear 

4 their own attorney's fees and costs incurred in this action. 

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6 Dated: December _, 2012 

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15 Dated: December _, 2012 

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NOSSAMAN LLP 

STEPHENP. WIMAN 

SCOTIN. YAMAGUCHI 

VALERIE A. STRUMW ASSER 

By: ______ ____ _ 

STEPHEN P. WIMAN 

Attorneys for Plaintiff Federal Deposit 

Insurance Corporation, as Receiver for 

INDYMAC BANK, F.S.B. 

COVINGTON & BURLING LLP 

D. JEAN VETA 

BENJAMIN J. RAZI 

DENNIS B. AUERBACH 

By: __________ _ 

D. JEAN VETA 

Attorneys for Defendant NIICHAEL 

PERRY 

STIPULATION OF DISMISSAL WITH PREJUDICE 

Case No.: CV 11-5561 ODW (MRWx)