IN THE SUPERIOR COURT FOR THE DISTRICT OF COLUMBIA
CIVIL DIVISION
DISTRICT OF COLUMBIA, Plaintiff,
v.
HARRY L. THOMAS JR., et al., Defendants.
Case No. 11 CA 0004408
Judge John M. Mott
Next event: Initial Conference
Date: September 9, 2011
CONSENT MOTION FOR JUDGMENT
Plaintiff, the District of Columbia ("District"), by and
through its Office of the Attorney General, with the consent of
Defendants, Harry L. Thomas Jr. ("Thomas"), and HLT Team Thomas/Swingaway,
LLC ("HLT Swingaway"), respectfully moves this Court to enter
judgment in this action as set forth in the proposed Consent Judgment,
which is attached hereto.
The District commenced this action against Thomas and HLT Swingaway to
recover hundreds of thousands of dollars that the District claims were
unlawfully diverted from DC Council-earmarked grants and from charitable
donations and used in large part by Mr. Thomas for his personal or
political benefit.
The parties have resolved this matters by agreeing to
the terms and conditions set forth in the attached Settlement Agreement,
see Exhibit A, and all parties consent to the relief sought by this
motion.
WHEREFORE, the District respectfully requests the Court grant this
Consent Motion for Judgment and approve and enter the attached Consent
Judgment.
Dated: July 22, 2011
Respectfully submitted,
IRVIN B. NATHAN
Attorney General for the District of Columbia
GEORGE C. VALENTINE
Deputy Attorney General Civil Litigation Division
/s/Ellen Efros
ELLEN EFROS
Assistant Deputy Attorney General Civil Litigation Division
BENNETT RUSHKOFF (Bar #386925)
Chief, Public Advocacy Section
/s/ Jimmy R. Rock
JIMMY R. ROCK (Bar #493521)
Assistant Attorney General
Attorneys for District of Columbia
CERTIFICATE OF SERVICE
I hereby certify that on this 22nd day of July, 2011, true
and correct copies of the foregoing District of Columbia’s Consent Motion
for Judgment and Consent Judgment were served via the Court’s electronic
filing system to:
FREDERICK D. COOKE, JR.
Rubin, Winston, Diercks, Harris & Cooke, LLP 1201 Connecticut Avenue,
N.W., Suite 200
ashington, DC 20036
ABBE DAVID LOWELL
Chadbourne & Parke, LLP
1200 New Hampshire Avenue, N.W.
Washington, DC 20036
Attorneys for Defendants Harry L. Thomas Jr. and HLT Team Thomas/Swingaway,
LLC
/s/
Jimmy Rock
Assistant Attorney General
IN THE SUPERIOR COURT FOR THE DISTRICT OF COLUMBIA
CIVIL DIVISION
DISTRICT OF COLUMBIA, Plaintiff,
v.
HARRY L. THOMAS JR., et al., Defendants.
Case No. 11 CA 0004408
Judge John M. Mott
Next event: Initial Conference
Date: September 9, 2011
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT
OF THE DISTRICT’S CONSENT MOTION FOR JUDGMENT
Plaintiff, the District of Columbia
("District"), by and through its Attorney General and pursuant
to SCR-Civil R. 12-I, respectfully submits the following Points and
Authorities in support of its Consent Motion for Judgment:
- SCR-Civil Rules 12-I.
- Defendants’ consent to the requested relief.
- The record in this case, included the attached Settlement Agreement.
- The interests of justice.
Dated: July 22, 2011
Respectfully submitted,
IRVIN B. NATHAN
Attorney General for the District of Columbia
GEORGE C. VALENTINE
Deputy Attorney General Civil Litigation Division
/s/Ellen Efros
ELLEN EFROS
Assistant Deputy Attorney General Civil Litigation Division
BENNETT RUSHKOFF (Bar #386925)
Chief, Public Advocacy Section
/s/ Jimmy R. Rock
JIMMY R. ROCK (Bar #493521)
Assistant Attorney General
Attorneys for District of Columbia
IN THE SUPERIOR COURT FOR THE DISTRICT OF COLUMBIA
CIVIL DIVISION
DISTRICT OF COLUMBIA, Plaintiff,
v.
HARRY L. THOMAS JR., et al., Defendants.
Case No. 11 CA 0004408
Judge John M. Mott
Next event: Initial Conference
Date: September 9, 2011
CONSENT JUDGMENT
The parties to this Consent Judgment are the District of
Columbia (the "District"), Harry L. Thomas Jr.
("Thomas"), and HLT Team Thomas/Swingaway, LLC ("HLT
Swingaway") (collectively the "Parties"). The Parties agree
that settlement of this action is in the public interest and entry of this
Consent Judgment is the most appropriate means of resolving the District’s
claims in the above-captioned matter. The Parties have agreed to
the relief set forth in this Consent Judgment and the incorporated
Settlement Agreement. The Parties agree to and shall be bound by the
requirements of this Consent Judgment and the incorporated Settlement
Agreement.
IT IS therefore, this day of , 2011, by the Superior Court
of the District of Columbia:
ORDERED that the District’s Consent Motion for Judgment is GRANTED;
and it is further
ORDERED that all of the terms of the Settlement Agreement
between the Parties, attached as Exhibit A to the District’s Consent
Motion for Judgment, are hereby incorporated into this Consent Judgment;
and it is further
ORDERED that this Court retains jurisdiction over
the Parties and subject matter of this action to construe and enforce this
Consent Judgment and incorporated Settlement Agreement.
SO ORDERED.
Superior Court Judge
Copies sent electronically to:
Bennett Rushkoff, Esq.
Jimmy Rock, Esq.
Fred Cook, Esq.
Abbe Lowell, Esq.