Stipulation and Agreement - Royal Lubricants Company v. United States Defense Logistics Agency

FOR THE DISTRICT OF NEW JERSEY

ROYAL LUBRICANTS COMPANY
Merry Lane
East Hanover, New Jersey
07936
Plaintiff,

V.

THE UNITED STATES OF AMERICA
DEFENSE LOGISTICS AGENCY
DEFENSE SUPPLY CENTER
RICHMOND
8000 Jefferson Davis Highway
Richmond, VA 23297-5100
Defendants.

Civ 98-1560 (JAG)

STIPULATION AND AGREEMENT OF SETTLEMENT

Plaintiff Royal Lubricants Company ("Plaintiff") and defendants United States, Defense Logistics Agency and Defense Supply Center, Richmond ("Defendants") hereby stipulate and agree to the following:

1. Plaintiff and Defendants hereby agree to settle the above-captioned action in accordance with the terms and conditions set forth in this Stipulation and Agreement of Settlement.

2. Plaintiff and Defendants hereby agree that the above-captioned civil action shall be dismissed with prejudice.

3. This Stipulation and Agreement of Settlement shall not constitute an admission of liability or fault on the part of any of the Defendants or their agents, servants or employees, and is entered into by the parties for the purpose of resolving disputed claims and avoiding the expenses and risks of litigation.

4. The terms of this Stipulation and Agreement of Settlement represent the entire settlement of Plantiff's claims against the Defendants, and, with the exception of the fees and costs to be paid pursuant to paragraph 5 of this Stipulation and Agreement of Settlement, the respective parties will each bear their own costs, fees, and expenses.

5. The Defendants, in full and complete satisfaction of all claims asserted by Plaintiff in this action, will pay to Plaintiff the sum of $15,000 for Plaintiff's bid preparation and proposal costs and its attorneys' fees and costs. This payment shall be made by a check to Plaintiff's counsel in this case, Elliott Reihner Siedzikowksi & Egan, P.C. Payment shall be made as promptly as practicable consistent with the normal processing procedures followed by Defendants.

6. This payment by the Defendants constitutes a complete release and bar to any and all causes of action, claims, liens, rights, or subrogated interests, known or unknown to Plaintiff, by reason of, arising out of, or related to, the claims set forth in the Complaint and Amended Complaint in this action.

7. Plaintiff and its attorneys shall assume all responsibility for any and all tax payments that may be due on account of the foregoing payment.

8. This Stipulation and Agreement of Settlement shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors and assigns.

9. This Stipulation and Agreement of Settlement may be executed in counterparts with the same effect as if the signatures hereto and thereto were upon the same instrument.

Executed this ______ day of ___________________________, 2000.

Counsel for Defendants:

FAITH S. HOCHBERG

United States Attorney
District of New Jersey

SUSAN CASSELL
Assistant U.S. Attorney
District of New Jersey
970 Broad St. Room 700
Newark, N.J. 07102
(973) 645-2844

RICHARD S. UGELOW
SHARYN A. TEJANI
MICHAEL W. JOHNSON
Attorneys
Employment Litigation Section
Civil Rights Division
U.S. Department of Justice
P.O. Box 65968
Washington, D.C. 20035-5968
(202) 514-6269

DONALD TRACY
Chief Trial Attorney
Defense Supply Center Richmond

Counsel for Plaintiff:

Timothy S. Kerr
Elliot, Reihner, Siedzikowski & Egan, P.C.
925 Harvest Drive, Suite 300
Blue Bell, Pennsylvania 19422

Thomas J. Duch
550 Boulevard
P.O. Box 200
Elmwood Park, New Jersey 07407