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U N ITED S TA TES D IS TRICT CO U RTS O U TH ERN D IS TRICT O F N EW Y O RK

OCCUPY WALL STREET, an unincorporatedassociation by and through Chris tine Crowther and 12 CV 4129 (GB D)Diego Ibaftez, as its de facto Treasurers , AMANDARO S E H EN K , M ICH ELE LEE H A RD ES TY ,F R A N C E S M E R C A N T I -A N T H O N Y , J A I M ETA Y L O R, and ELIZA B ETH F A G INSTI PULATI ON OFPlaintiffs , D I S C O N T I N U A N C E A N DS E T T L E M E N T

-against-TH E CITY O F N EW Y O RK , M ICH A ELBLO O M BERG , in h i s official capacity as Mayor of theCity of New York RA YM ON D KELL Y, in h is of f ic ia lcapacity as Police Commissioner, J O H N D O H ER TY , inhis official capacity as Sanitation Commissioner, JOHNDOE and RICHARD ROE and other presentlyunidentif ied officials, employees and/or agents of theCity of Ne w York in their official and individualcapacities

Defendants/Third-Party Plaintiffs ,- against -

BRO O K F IELD O F F ICE P RO P ERTIES , IN C. ,Third-Party Defendant. X

W H E R E A S , on or about May 24, 2012, Plaintiffs commenced this action seekingi) a declaratory judgment that Defendants ' seizure and destruction of Plaintiffs ' books andlibrary furnishings and equipment at Zuccotti Park on November 15. 2011 violated Plaintiffs 'r ights under the Firs t , Fourth, and Fourteenth Amendments to the Constitution of the UnitedStates and 42 U.S.C. 1983, el. seq., and Article I, Sections 6, 8, and 12 of the New York State

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Co nstitu tion; ii) dam age s sustained as a result of the violation s alleged as well as punitivedamages; and iii) attorneys' fees, costs and expenses; and

WHEREAS, on or about June 14, 2012 Defendants answered the Complaint anddenied committ ing any violations of law; and

W H E R E A S , on or about June 26, 2012 Defendants served a Third PartyComplaint on Brookfield Office Properties, Inc. al leging inter alia, that if the Plaintiffs sustainedany inju ry or had their rights violated, B rookfie ld Off ice Properties , Inc. was partially or who llyresponsible; and

W H E R E A S , on or about August 15, 2012 Brookfield Office Properties, Inc.answered the Third Party Complaint and denied any responsibility for any injury sustained byPlaintif fs as al leged in the Comp laint; and

W H E R E A S, there is no dispute between Plaintif fs and Defendan ts as regards theimpo rtance of books and l ibrar ies to Plaintif fs ' effor ts to promote an ed ucated and informedcit izenry; and

W H E R E A S , the Plaintif fs and Defenda nts have agreed to sett le this actionpursuant to the terms set for th below, and Brookfield Office Properties, Inc. has agreed toindemnify Defendants as set for th below.

NOW, THEREFORE, th is mat te r i s se t t led on the fo l lowing te rms:

1. Th e abo ve-ref erenc ed action, including the third-party action, isdiscontinued with prejudice and without costs, expenses, or any addit ional fees, except those setfor th in paragraphs "3," "4" and "6" below.

2. Defe ndants acknow ledge and believe i t unfortunate that , during the courseof clear ing Zuccott i Park on November 15, 2011, books were damaged so as to render them

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unusable, and additional books are unaccounted for . Defe ndants fur ther acknow ledge andbelieve i t unfortunate that cer tain l ibrary furnishings and equipm ent l ikew ise were damaged so asto render them unusable, and other l ibrary furnishings and equipment may be unaccounted for .Plaintif fs and Defendants recognize that when a person 's property is removed by the City i t isimportant that the City exercise due care and adhere to established procedures in order to protectthe legal rights of the property owners.

3. The City of Ne w York ("the City"), on beha lf of all Defendants, shall payto the Occupy Wall StTeet , Library W orking Group Forty-Seven Thous and Dollars ($47,000)("the sett lement amo unt") in full set t lement of all of Plaintif fs ' c laims for damages. Payment ofthe sett lement amount shall be made by forwarding a check in the amount of $47,000 directly toPlaintif fs ' a t torney at 260 Madison Avenue, 22 n d Floor , New York, New York 10016 and madejointly payable to Occupy Wall Street , Library Working Group and Siegel Teitelbaum & Evans,LLP. So that the City can make paym ent of the settlement amou nt, Plaintif fs shall forward thefollowing to the undersigned counsel for the City: 1) a "So Ordered" copy of this st ipulation; 2)the Taxpayer ID number used by Occupy Wall Street; 3) the Taxpayer ID number used byPlaintif fs ' counsel; 4) an executed aff idavit of no liens for each named Plaintiff; and 5) a releaseexecuted by each named Plaintif f .

4 . Defen dants shall pay Plaintif fs ' a t torneys' fees of One Hundred Eighty-

Five Thousand Dollars ($185,000) pursuant to 42 U.S.C. 1988, and One Thousand ThreeHundred Forty-Nine Dollars and Fif ty-Eight Cents ($1,349.58) for costs and expenses incurredin this matter. Pay me nt of the total am ount of fees and costs ($186,34 9.58) shall be ma de byforwarding a check in that amount directly to Plaintif fs ' a t torney at 260 Madison Avenue, 22 n dFloor , New York, New York 10016 and made payable to Siegel Teitelbaum & Evans, LLP.

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5. Upo n receipt of the paym ents required in paragraphs "3" and "4" above,Plaintif fs shall release Defendants and all departments, off icials, employees, representatives andagents of the City, past and present, from any and all claims and right to damages for injury toproperty owned by Plaintiffs which are or could be asserted arising out of the acts and omissionsalleged in the Complaint filed in the instant action, provided the claims are for injury to propertyowned by Plaintiffs. Plaintiffs have executed, or will execute, releases to be held by the City,which w ill take effect upon paym ent of the sett lement amounts.

6. Third-P arty De fenda nt, Broo ktield Off ice Prope rties, Inc. in settlement ofthe third-party action init iated by the D efendants/Third-Pa rty Plaintiffs on or about June 26, 2012shall indemnify the City in the amount of Fif teen Thousand Six Hundred Sixty-Six Dollars andSixty-Seven Cen ts" ("$ 15,666.67"), by delivering a check mad e payable to the City of NewYork in the amount of Fif teen Thousand Six Hundred Sixty-Six Dollars and Sixty-Seven Cents"("$15,666.67") to the undersigned counsel for the C ity.

7. Upon receipt of the paym ents required in paragraphs "6 " above, Third-Party Plaintif fs shall release the Third-Party Defendant and all employees, representatives andagents of the Third-Party Defendant, past and present, from any and all claims and right todamages which are or could be asserted arising out of the acts and omissions alleged in theThird-Party Complaint filed in the instant action.

8. Thi s Stipulation of Disc ontinu ance and Settlem ent conta ins all the termsand conditions agreed upon by the parties hereto, and no oral agreement entered into at any time,nor any written agreement entered into prior to the execution of this Stipulation regarding thesubject matter of the instant action shall be deemed to exist, to bind the parties hereto, or to varythe terms and condit ions contained herein.

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9. This Stipulation, and the settlement it represen ts, shall not be adm issible inany other litigation or settlement negotiation.

10. This Stipulation may be subm itted to the Court to be so ordered, docketedand filed without fu rther notice to any party.Dated: New York, New YorkApr i l 4 ,2013M ICH A EL A . CA RD O ZOCorporation Counsel of the City of New YorkAttorney for Defendants/Third-Party Plaintiffs100 Church StreetNew York, NY 10007(212)356-2207

Sheryl NetffeldSenior Counsel

F RIED , F RA N K , H A RRIS , S H RIV ER& J A CO B S O N LLPAttorneys for Third-Party DefendantBrookfield Office Properties, Inc.,One New York PlazaNew York, New Yjifa 10004-JS80

By: f I. FlaumG. Leland

S IEG EL TEITELBA U M & EV A N S , LLPAttorneys for Plaintiffs260 Madison Avenue, 22 n d FloorNew York, NY 10016(212) 455-0300

By:

By:gel (NS 685'

erbert Teitelbaum (HT 7

r\'013

Dated: 2013New York, New York

S O O R D E R E D :

je B. Danielslited States District Judge

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