Filed: Jul. 09, 2015
Latest Update: Jul. 09, 2015
Summary: CONSENT ORDER CANCELING JUDGMENT AS AGAINST DANIEL ROSELLI ONLY FRANK D. WHITNEY , District Judge . THIS MATTER is before the Court on this proposed consent order between the judgment creditor, Bridgetree, Inc. ("Bridgetree") and judgment debtor Daniel Roselli ("Roselli"), pursuant to Fed. R. Civ. P. 60(b)(5), for cancellation of the money judgment only, as against Roselli only, on grounds of partial satisfaction of the judgment entered against Roselli for those claims for which Roselli was
Summary: CONSENT ORDER CANCELING JUDGMENT AS AGAINST DANIEL ROSELLI ONLY FRANK D. WHITNEY , District Judge . THIS MATTER is before the Court on this proposed consent order between the judgment creditor, Bridgetree, Inc. ("Bridgetree") and judgment debtor Daniel Roselli ("Roselli"), pursuant to Fed. R. Civ. P. 60(b)(5), for cancellation of the money judgment only, as against Roselli only, on grounds of partial satisfaction of the judgment entered against Roselli for those claims for which Roselli was ..
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CONSENT ORDER CANCELING JUDGMENT AS AGAINST DANIEL ROSELLI ONLY
FRANK D. WHITNEY, District Judge.
THIS MATTER is before the Court on this proposed consent order between the judgment creditor, Bridgetree, Inc. ("Bridgetree") and judgment debtor Daniel Roselli ("Roselli"), pursuant to Fed. R. Civ. P. 60(b)(5), for cancellation of the money judgment only, as against Roselli only, on grounds of partial satisfaction of the judgment entered against Roselli for those claims for which Roselli was found individually liable, reserving all rights against remaining judgment debtors. By consent and acknowledgement of these parties, the Court enters the following findings and conclusions as between them only:
1. Pursuant to a confidential settlement agreement, Bridgetree has received from Roselli such consideration as has been agreed and in exchange for which Bridgetree has agreed to release Roselli from all monetary awards against him in this action, including actual, punitive or trebled damages, prejudgment or post-judgment interest, attorney's fees and costs.
2. Because the judgment awarded different and additional monetary relief as against other parties, and Roselli's performance is in partial satisfaction only, Bridgetree retains and reserves all rights to pursue, enforce and collect the judgment as against other judgment debtors, and the present parties' compromises shall not release or discharge any other judgment debtor.
3. The injunctive relief in the judgment remains in effect.
4. Bridgetree agrees and covenants henceforth to take no action to collect or enforce the monetary aspects of the judgment against Roselli, nor to register the judgment as against him in any sister United States District Court, nor to docket the judgment as against him in the General Court of Justice of the State of North Carolina, in any county of the State.
Accordingly, IT IS HEREBY ORDERED:
1. The money judgment in this action is hereby canceled as against Daniel Roselli.
2. The Clerk shall cause the index of judgments to reflect that the outstanding balance of the judgment in this action as against Daniel Roselli is $0 and that the status of the judgment as against Roselli is "canceled."
IT IS SO ORDERED.
