PEARSE-HOCKER v. USA

Filing 34

STIPULATION FOR ENTRY OF JUDGMENT, filed by ANNE PEARSE-HOCKER, USA. (Attachments: # 1 Appendix A, # 2 Appendix B)(Brown, Walter)

IN THE UNITED STATES COURT OF FEDERAL CLAIMS
ANNE PEARSE-HOCKER,
Plaintiff,
V.

THE UNITED STATES,
Defendant.

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No. 10-269 C
Judge Edward J. Damich

STIPULATION FOR ENTRY OF JUDGMENT
For purposes of settling and compromising the above action, plaintiff and defendant
stipulate to the following:
1.

Plaintiff warrants that she is and has been the exclusive owners of all right, title,

and interest, in any cop3Mghtable work incorporated in a collection of photographs that plaintiff
donated to the Smithsonian Institution in 1997 (the Pearse-Hocker Collection). This collection
was registered with the U.S. Copyright Office under Registration Certificate No. Ju:13546.
Plaintiff brought this action to recover reasonable and entire compensation for alleged
infringement of her copyright in the Pearse-Hocker Collection as well as damages for an alleged
breach of contract relating to the Deed of Gift, the document by which plaintiff donated the
Pearse-Hocker Collection to the Smithsonian Institution.

2.

Plaintiff has submitted a written offer todefendant to settle this action by:

(a) fully releasingthe United States from any and all claims relating to the reproduction,
publication, distribution, adaptation, display and/or use by or for the defendant of the PearseHocker Collection up to and including the date of entry of judgment, and further, fully releasing

the United States from all clainls which were, or could have been, asserted against the United
States in Court of Federal Claims Action.No. 10-269 or any other proceeding, up to and
including the date of entry of judgment with respect to the Pearse-Hocker Collection.
(b) Executing a separate Settlement Agreement (attached as Appendix A) setting
forth the detailed terms of releases, agreements, and covenants that will become effective only
upon entry of the stipulated judgment provided herein.
3.

Defendant has duly agreed to accept this offer.

4.

In consideration for this Stipulation for Entry of Judgment and the Settlement

Agreement, plaintiff and defendant have agreed to allow final judgment in this action to be
entered in favor of plaintiff and against defendant for the total lump sum of Forty Thousand
Dollars ($40,000). A Proposed Order is attached as Appendix B.
5.

In accordance with the terms of the offer and acceptance and to secure the

performance thereof, defendant, by its authorized representative of the Attorney General, and
plaintiff hereby enter into this Stipulation to be filed in the above-identified action for the
purpose of causing a final judgment to be entered against defendant in accordance with the terms
set forth in paragraphs 2 and 4 above.
6.

The parties agree to bear their own costs and attorney’s fees.

7.

In the event that the court declines, in whole or part, to enter judgment in

accordance with this stipulation, it shall be null, void, and without prejudice to any party.

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RespectfuLly submitted,

THOMPSON U!NE LLP
Dated: June_~__~, 2011
Erie N. Heyer
1920 N Street, N.W., Suite 800
WashNgton, D.C. 20036
Telephone: [phone]
Fax: [phone]
eric .hey.e..r@thompsoml~Jne. corn
Counsel for Plaintiff Anne Pearse-[.-[ocker

TONY WEST
Assistant Attorney General
Dated: June __~_~, 2011
Dixector
(Auflaorized Representative
of the Attorney General)~
Dated: Jur~e ~ 2011

WALTER W. BROWN
Attorney
Commercial Lit.igation Brartch
Civil Division
Department of Justice
Washingten, D. C, 20530
Telephone: [phone]
Facsimile: [phone]
Attorneys ’For the Urdted States

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