UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
____________________________________
)
CENTER FOR PUBLIC INTEGRITY, )
)
Plaintiff
)
)
Civil Action No. 17-1898 (RCL)
v.
)
)
DEP’T OF STATE,
)
)
Defendant.
)
____________________________________)
SETTLEMENT AGREEMENT
Plaintiff Center for Public Integrity (“Plaintiff”) and United States Department of State
(“Defendant”), by and through their respective counsel, enter into this Settlement Agreement
(“Agreement”) as follows:
1.

The Parties agree to settle and compromise this action under the terms and

conditions set forth herein.
2.

In consideration of Plaintiff's agreement that this action shall be dismissed with

prejudice, Defendant State agrees to pay Plaintiff the total sum of $6,868.60 in full satisfaction of
any and all claims by Plaintiff for attorneys’ fees, expenses and costs in connection with this
case. Plaintiff’s counsel will provide Defendant’s counsel, no later than 30 days after the
execution of this Agreement, with all necessary information required to make the electronic fund
transfer.
3.

This Agreement does not constitute an admission of liability or fault on the part of

Defendant, the United States, its agents, servants, or employees, and is entered into by all parties
for the sole purpose of compromising disputed claims and avoiding the expenses and risks of
further litigation.

 4.

By this Agreement, Plaintiff waives, releases, discharges, and abandons any and

all claims, whether asserted or un-asserted, against Defendant in connection with its FOIA
request(s) at issue in this case, including, without limitation, all claims for fees and costs.
5.

Concurrent with the execution of this Settlement Agreement, Plaintiff’s counsel

shall seek the dismissal of this case with prejudice pursuant to Federal Rule of Civil Procedure
41(a) by filing only the Stipulation of Dismissal with Prejudice attached hereto.
6.

The undersigned counsel represent that they are authorized to make this

agreement on behalf of their clients.
7.

This Agreement shall be binding upon and inure to the benefit of the Parties

hereto and their respective successors and assigns.
8.

The Parties agree that a facsimile of the signatures of the parties and counsel will

be the same as the original.
9.

The Parties understand that this Agreement contains the entire agreement between

Plaintiff and Defendant; that no promise or inducement has been made except as set forth herein;
and that no representations, oral or otherwise, between Plaintiff and Defendant, or their
respective counsel, not included herein shall be of any force and effect.
10.

The parties agree that this Agreement will not be used as evidence or otherwise in

any pending or future civil or administrative action against Defendant or the United States, or
any agency or instrumentality of the United States. The exception is that this Agreement may be
used as evidence to enforce this Agreement.
11.

This Agreement may not be amended, modified, waived, or supplemented except

by written instrument executed by duly authorized representatives of both parties.

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 12.

If any paragraph or portion of this Agreement is determined to be unenforceable,

the remainder of this Agreement shall remain in full force and effect.
___________/s/_____________________
PETER NEWBATT SMITH
D.C. Bar # 458244
Center for Public Integrity
910 17th Street NW, 7th Floor
Washington, DC 20006
202-481-1239
psmith@publicintegrity.org
Attorney for Plaintiff
JESSIE K. LIU
D.C. Bar #472845
United States Attorney for the
District of Columbia
DANIEL F. VAN HORN,
D.C. Bar #924092
Chief, Civil Division
__ /s/
______
KENNETH ADEBONOJO
Assistant United States Attorney
Judiciary Center Building
555 Fourth Street N.W.
Washington, D.C. 20530
(202) 252-2562
Attorneys for Defendant

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