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UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
FILED
JUL 25 2018
Clerk, U.S. District & Bankruptcy
Courts for the District of Columbia
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AFRICARD CO. LTD.,
v. REPUBLIC OF NIGER,
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Civil Action No: 1:16-cv-196 (ABJ) STIPULATION TO VACATE |
The parties to this action, Petitioner Africard Co. Ltd. ("Africard"), and Respondent the Republic of Niger ("Niger"), through their respective attorneys of record herein, hereby agree and stipulate that:
1. The default judgment against Niger entered in this action on or about September 27, 2016 in the amount of $46,128,410.46 [Dkt. #26] be vacated pursuant to Fed. R. Civ. Pro. 60.
2. The above-captioned action is dismissed with prejudice pursuant to Fed. R. Civ. Pro. 41(a)(1)(A)(ii).
3. Africard shall immediately withdraw any claim, action or attachment made against the real property owned by Niger at 5 East 80th Street, New York, New York (the "Property").
4. The monies held in escrow by counsel for Africard pursuant to the Court's Minute Order of August 17, 2017 shall be released to an account to be designated by counsel for Niger within three (3) business days of entry of this Order.
5. Counsel for Niger shall advise Mr. Aby Rosen, the tenant of the Property, of his obligation to make all future rental payments to Niger, pursuant to the obligations of the lease agreement.
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6. Counsel for Africard shall advise the United States Marshals Service of the entry of this Order and the dismissal of the above-captioned action.
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July 19, 2018 Signature Thomas J. McCormack and Michael Bhargava Attorneys for Petitioner Africard Co. Ltd. |
Signature Peter C. Dee and Alexander N. Breckinridge Attorneys for Respondent Republic of Niger |
ORDER
IT IS SO ORDERED
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Dated: 7/24, 2018 |
Signature UNITED STATES DISTRICT JUDGE |