SETTLEMENT AGREEMENT Dated: August l4r20l4 This Settlement Agreement ( Agreement ) is made and entered into this 14th day of August, 2014by and between Plaintiff William John Joseph Hoge ( Hoge ) and Defendant William M. Schmalfeldt ( Schmalfeldt ) (Hoge and Schmalfeldt are collectively referred to herein as the Parties ) in the case of Hoge v. Schmalfeldt, Civil No. ELH-14-1683, in the United States District Court for the District of Maryland ( the case ). The purpose of this Agreement is to fully settle any and all claims, counterclaims, cross-claims and third-party claims raised in the case; to document the Parties' agreement to certain conditions; and to allow the Parties to move for the enforcement of the Agreement. The Parties agree as follows: 1. Hoge agrees to dismiss all of his claims against Schmalfeldt in this case with prejudice. Schmalfeldt agrees to dismiss all of his counterclaims and amended counterclaims against Hoge and all of his counterclaims and amended counterclaims against Paul Krendler (Anonymous Blogger) with prejudice. 2. In order to facilitate the dismissal of the Parties' claims and counterclaims, the Parties agree that the Court will enter an Order pursuant to Local Rule 111 dismissing all claims, counterclaims, cross-claims and third-party claims. 3. The entry the Local 111 Order will be without prejudice to the right of the Parties to move for good cause within 30 days to reopen the case if settlement is not consummated. If neither of the Parties move to reopen, the dismissal shall be with prejudice. 4. The Panies agree that they will not post or re-publish any work or article written by the other without receiving written permission, in advance, from the other party, unless the terms of service permit republication without permission. 5. The Defendant agrees to remove any and all remaining alleged infringement materials as to Hoge and Hogewash. 6. In the event that either of the Parties breach this Agreement, this Agreement does not restrict the rights of the non-breaching party to take the appropriate legal actions in the appropriate legal forum to seek relief for the breach of contract. 7. The Parties will each bear their own costs, if any. 8. Should any provision of this Agreement be determined by a court of competent jurisdiction to be void or unenforceable, the remaining provisions shall remain valid and enforceable unless agreed to by both of the Parties. g. This Agreement shall be deemed executed in the State of Maryland and will be governed by the laws of the State of Maryland, except to the extent that other law Page I of2

Settlement Agreement in re 14-cv-01683-ELH

Download PDF Report

Upload
bill-schmalfeldt
View
216
Download
0

Embed Size (px)

Citation preview

Page 1: Settlement Agreement in re 14-cv-01683-ELH

8/11/2019 Settlement Agreement in re 14-cv-01683-ELH

http://slidepdf.com/reader/full/settlement-agreement-in-re-14-cv-01683-elh 1/3

SETTLEMENT AGREEMENTDated: August l4r20l4

This Settlement Agreement ( Agreement ) is made and entered into this 14th day ofAugust, 2014by and between Plaintiff William John Joseph Hoge ( Hoge ) and DefendantWilliam M. Schmalfeldt ( Schmalfeldt ) (Hoge and Schmalfeldt are collectively referred toherein as the Parties ) in the case of Hoge v. Schmalfeldt, Civil No. ELH-14-1683, in the UnitedStates District Court for the District of Maryland ( the case ). The purpose of this Agreement isto fully settle any and all claims, counterclaims, cross-claims and third-party claims raised in thecase; to document the Parties' agreement to certain conditions; and to allow the Parties to movefor the enforcement of the Agreement.

The Parties agree as follows:

1. Hoge agrees to dismiss all of his claims against Schmalfeldt in this case withprejudice. Schmalfeldt agrees to dismiss all of his counterclaims and amended counterclaimsagainst Hoge and all of his counterclaims and amended counterclaims against Paul Krendler

(Anonymous Blogger) with prejudice.

2. In order to facilitate the dismissal of the Parties' claims and counterclaims, theParties agree that the Court will enter an Order pursuant to Local Rule 111 dismissing all claims,counterclaims, cross-claims and third-party claims.

3. The entry of the Local Rule 111 Order will be without prejudice to the right of theParties to move for good cause within 30 days to reopen the case if settlement is notconsummated. If neither of the Parties move to reopen, the dismissal shall be with prejudice.

4. The Panies agree that they will not post or re-publish any work or article writtenby the other without receiving written permission, in advance, from the other party, unless theterms of service permit republication without permission.

5. The Defendant agrees to remove any and all remaining alleged infringementmaterials as to Hoge and Hogewash.

6. In the event that either of the Parties breach this Agreement, this Agreement doesnot restrict the rights of the non-breaching party to take the appropriate legal actions in theappropriate legal forum to seek relief for the breach of contract.

7. The Parties will each bear their own costs, if any.

8. Should any provision of this Agreement be determined by a court of competentjurisdiction to be void or unenforceable, the remaining provisions shall remain valid andenforceable unless agreed to by both of the Parties.

g. This Agreement shall be deemed executed in the State of Maryland and will begoverned by the laws of the State of Maryland, except to the extent that other federal law may

Page I of2

Page 2: Settlement Agreement in re 14-cv-01683-ELH

8/11/2019 Settlement Agreement in re 14-cv-01683-ELH

http://slidepdf.com/reader/full/settlement-agreement-in-re-14-cv-01683-elh 2/3

apply. This Agreement sets fonh the entire agreement of the Parties. This Agreement may not bechanged orally, but may be changed only by a writing signed by both of the Parties.

10. This Agreement represents a fully negotiated agreement. The Parties have bothbeen afforded the opportunity, which each has exercised, to review the terms of the Agreement.

By:

out a, frn ff, Zoll By:r

William M. Schmalfeldt

Page2 ofZ