Case: 1:17-cv-01211 Document #: 67-1 Filed: 03/28/19 Page 1 of 8 PagelD #:270 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION BARRA & ASSOCIATES LLC, an Illinois limited liability company, Plaintiff, ws. JOHN CLEARY, an individual, Defendant. SI [LEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release (“Agreement”) is made the 9th day of March, 2019 (the “Effective Date”), by and between Plaintiff Barra & Associates LLC (“Barra & Associates”) and Defendant John Cleary (“Mr. Cleary”) (collectively, the “Parties”), This agreement fully and completely resolves Barra & Associates LLC v. Cleary, Case No. 1:17-cv-01211, captioned above, in the Northem District of Illinois, Easter Division (the “Action”). WHEREAS: A. OnFebruary 15, 2017, Barra & Associates filed its Complaint in the Action against Mr. Cleary alleging a violation of the Lanham Act, 15 U.S.C. § 1051 et seg., Defamation Per Se, Tortious Interference with Prospective Business Advantage, and a request for Injunetive Relief due to a post made from an account believed to be controlled by Mr. Cleary on ripoftteport.com. B. On January 26, 2018, Barra & Associates filed its Amended Complaint (the “Amended Complaint”) in the Action against Mr. Cleary alleging the same causes of action but amending its factual allegations based on new evidence obtained by Barra & Associates. C. Ih addition to the post on ripofireport.com, Barra & Associates believes that defamatory posts about Barra & Associates and Grant Barra were made by Mr. Cleary or through accounts controlled or established by Mr. Cleary and that defamatory posts were made by Mr. Cleary or through accounts controlled or established by Mr. Cleary via an internet service provider connection located at the offices of Barra & Associates between and including 2012 and 2014. D. Barra & Associates, through counsel, has provided counsel for Mr. Cleary with a complete list of postings believed to have been made through accounts created and/or accessed by Mr. Cleary which are considered to be defamatory to Barra & Associates, Grant Batra, or other third parties (the “identified posts”). Those posts are identified in Addendum A to the Agreement.Case: 1:17-cv-01211 Document #: 67-1 Filed: 03/28/19 Page 2 of 8 PagelD #:270 E, The parties agree that certain identified posts about Grant Barra and Barra & Associates were made from accounts created and/or accessed by Mr. Cleary. Further, identified posts about other non-parties using an ISP connection owned by Grant Barra and Barra & Associates in the years 2012 to 2014 were made using accounts created and/or accessed by Mr. Cleary. F. Mr. Cleary is willing to remove all postings identified to him and made by accounts over which he can gain access or exercises control. G. Mr. Cleary has agreed to enter into court orders as needed to remove postings identified to him through counsel for which removal may require a court order. H. Mr. Cleary has further agreed to coordinate with Barra & Associates to enter into appropriate orders to remove identified postings from appearing in Google and other search engine results related to Barra & Associates, Grant Barra, and identified third parties. 1. Mr. Cleary recognizes that this process of removal may be ongoing as postings may be cached or re-linked by various websites. J. Barra & Associates and Mr. Cleary, through counsel, have engaged in discu and arm’s length negotiations regarding a compromise and settlement of the Action with a view to settling all matters in dispute. K. Considering the benefits that Barra & Associates and Mr. Cleary will receive from settling the Action and the risks of litigation for both Parties, Barra & Associates and Mr. Cleary have determined that the terms and conditions of this Agreement are fair, reasonable, and in the Parties bests interests, L. Barra & Associates has agreed to release Mr. Cleary from liability for the claims in its Amended Complaint. In return, Mr. Cleary has agreed to comply with the terms of this Agreement, Both Parties have determined that they have received sufficient consideration for this Agreement through its terms and conditions. M. _ In recognition of the agreement between the Parties prior to being formalized in this Agreement, a stipulation of dismissal without prejudice was entered by Barra & Associates on October 30, 2018. Barra & Associates has now moved to reinstate the case but the Parties will make all reasonable efforts to execute this Agreement and dismiss the case with prejudice within thirty (30) days of the Effective Date. N. __ The Parties agree that this Agreement will be incorporated into a final order of dismissal to be proposed by the Parties to the United States District Court for the Northern District of Illinois. 0. Mr. Cleary agrees that counsel for Barra & Associates may contact him directly after the Effective Date unless otherwise counsel for Barra & Associates is informed in writing to contact Mr. Cleary via current or successor counsel identified by name, address, telephone number, 2Case: 1:17-cv-01211 Document #: 67-1 Filed: 03/28/19 Page 3 of 8 PagelD #:270 and email address, for a period of seven (7) months ending October 12, 2019, to address the posts in Addendum A. This time limitation does not apply to re-posts of identified posts that might be discovered after October 12, 2019. NOW, THEREFORE, it is hereby STIPULATED AND AGREED, by and among the Parties, through their counsel, in consideration of the benefits accruing to the Patties from this Agreement, that the claims in the Amended Complaint shall be compromised, settled, forever released, barred, and dismissed with prejudice subject to the following terms and conditions: 1. Release. As of the Effective Date, Barra & Associates, on behalf of itself, administrators, members, managers, representatives, attomeys, successors, assigns, agents, affiliates, and partners, and any persons they represent, by operation of any final order of dismissal by the United States District Court for the Northern District of Illinois, fully, finally, and forever release, relinquish, and discharge Mr. Cleary of and from any and all of the claims in the Amended Complaint. This release includes all claims that could have been brought prior to, and including, the Effective Date by Barra & Associates against Mr. Cleary. This release does not apply to claims that may arise or accrue after the Effective Date. 2. Continuing Jurisdiction of the Court. The Parties agree that this Agreement will be incorporated by reference into a final order of dismissal of the Action and that the United States District Court for the Northern District of Illinois will retain jurisdiction to enforce this Agreement. 3. No Admission of Wrongdoing. Nothing in this Agreement shall be considered evidence of any concession of liability by Mr. Cleary. 4. Obligations of Mr. Cleary. Mr. Cleary obligates himself to cooperate with Barra & Associates and counsel for Barra & Associates in removing all posts and search results for posts identified to him as defamatory to Barra & Associates, Grant Barra, and third parties that originated from accounts controlled by him or attributable to him in some way. Specifically, but not exclusively, Mr. Cleary agrees to: a, Access all accounts that he has access to from which identified posts originated and make all efforts to remove the identified posts; b. Gain access to all accounts that he can gain access to from which identified posts originated and make all efforts to remove identified posts; Cooperate with Barra & Associates and counsel for Barra & Associates to seek appropriate court orders or other documents to remove identified posts attributable to Mr. Cleary for accounts that Mr. Cleary is unable to access or gain access to; d. Cooperate with Barra & Associates and counsel for Barra & Associates to seek appropriate court order or other documents to remove search results or re-posts that link to identified posts or re-posts from identified posts; e. Provide appropriate and prompt attention to the foregoing obligations of Mr. Cleary and ensure that counsel for Barra & Associates has current contact information including address, telephone number, and email address; 3Case: 1:17-cv-01211 Document #: 67-1 Filed: 03/28/19 Page 4 of 8 PagelD #:270 £. Be responsible for all attorney's fees and costs incurred by Barra & Associates in enforcing this Agreement if the Northem District of Illinois, or another court of competent jurisdiction, determines that Mr. Cleary has not adhered to the terms and conditions of this Agreement. 5. Obligations of Barra & Associates. Barra & Associates obligates itself, through counsel, to provide all reasonable assistance to Mr. Cleary in removing identified posts, petitioning the appropriate courts for orders to remove identified posts, or drafting and assisting in the execution of other appropriate documents to remove posts and search results linking to identified posts. 6 Mutual Non-Disparagement. Barra & Associates, and its administrators, members, ‘managers, representatives, attomeys, successors, assigns, agents, affiliates, and partners, and any persons they represent and Mr. Cleary agree that they shall use all reasonable and good faith efforts to ensure that neither Party engages in derogatory statements, published or unpublished, and that both Parties refrain from making any false, negative, critical, or disparaging statement, implied or expressed, concerning the other. 7. Execution in Counterparts. This Agreement may be executed in one or more counterparts. All executed counterparts shall be deemed one and the same instrument. 8 Entire Agreement. This Agreement constitutes the entire agreement between the Parties concerning settlement and compromise of the Action, and no representations, warranties, or inducements have been made by any Party other than those contained and memorialized in this ‘Agreement, Plaintiff Barra & Associates LLC Defendant John Cleary By: Grant Barra John Cleary Its: Managing Partner and Chief Executive OfficerCase: 1:17-cv-01211 Document #: 67-1 Filed: 03/28/19 Page 5 of 8 PagelD #:270 Addendum A ‘* __http://m.ripoffreport.com/r/barra-associates-Ilc/attics-ill-il-/barra-associates- Ilcifsbrokerage-body-shop-low-on-ethies-and-qualified-personnel-ita-1312635 © http://www.ripofireport.com/t/barra-associates-Ilc/attics-ill-il-barra-associates- Icifsbrokerage-body-shop-low-on-ethics-and-qualified-personnel-ita-1312635 + https://www. glassdoor.com/Reviews/Barra-and-Ass sciates-ReviewsE527159_P3.htm + https://www.glassdoor.com/Reviews/Barra-and-Associates-ReviewsE527159_P4.htm # https://www.glassdoor.co.uk/Reviews/Barra-and-Associates-ReviewsES27159_P2.htm © http://www ripoftreport.com/reports/american-dream- homeimprovement/nationwide/american-dream-home-improvement-adhi-deceptivesales- practices-and-bait-and-switch-com-1181274 + http://m.ripofireport.comv/reports/american-dream- homeimprovement/nationwide/american-dream-home-improvement-adhi-deceptivesales- practices-and-bait-and-switch-com-1181274 http://www ripoftieport.com/reports/relevant/barra-associates-lle + _http://m.ripofireport.comv/reports/relevant/barra-associates-Me + http:/www.tipoftieport.com/reports/gary-j-fermandez-associates/glen-ellyn- illinois60137/gary-j-femandez-associates-law-office-full-of-crooks-glen-ellyn- illinois1321323 * _http://m.ripofiteport.convreports/gary-j-femandez-associates/glen-ellyn- illinois60137/gary-j-femandez-associates-law-office-full-of-crooks-gien-ellyn- illinois1321323 ‘© _http:/swww ripoffreport.com/r/Mutual-of-Omaha-Insurance/OakBrook- Ilinois60582/Mutual-of-Omaha-Insurance-Grant-Barra-Manager-The-Crook- OakBrooklllinois-685585 ‘* __http://m.ripoffreport.com/t/Mutual-of-Omaha-Insurance/OakBrook- Mlinois60582/Mutual-of-Omaha-Insurance-Grant-Barra-Manager-The-Crook- OakBrookillinois-685585 © __http:/wvww ripottreport.comy/r/greg-obrien/mokena-illinois-/greg-obrien-gregoryobrie mutual-of-omaha-general-manager-fraud-lies-greed-cheat-1 150541 * _http://m.ripoffreport.comr/greg-obrien/mokena-illinois-/greg-obrien-gregoryobrien- mutual-of-omaha-general-manager-fraud-lies-greed-cheat-1150541Case: 1:17-cv-01211 Document #: 67-1 Filed: 03/28/19 Page 6 of 8 PagelD #:270 © http://www.ripofireport.comy/t/tom-menulty/mokena-illinois-/tom-menulty- thomasmenulty-taught-me-and-other-mutual-of-omaha-agents-how-to-do- unethical] 150016 # _http://m.ripoffreport.comvr/tom-menulty/mokena-illinois-/tom-menulty-thomasmenulty- taught-me-and-other-mutual-of-omaha-agents-how-to-do-unethicall 150016 ‘© __http:/swww.tripottreport.comy/r/tom-menulty-and-other-mutual-of- omahamanagers/rosemont-oak-brook-decatur-illinois-/tom-menulty-and-other-mutual- ofomaha-managers-thomas-menulty-greg-obrien-gregory-obri-I 124423 ‘ _http:/m.ripofireport.com/ritom-menulty-and-other-mutual-of-omahamanagers/rosemont- oak-brook-decatur-illinois-/tom-menulty-and-other-mutual-ofomaha-managers-thomas- menulty-greg-obrien-gregory-obri-1124423 http://www ripoftieport.com/r/mutual-of-omaha-illinois-division-office- gregobrien/rosemont-illinois/mutual-of-omaha-illinois-division-office-greg-obrien- liesstealsmisleads-anti-semetic-1120962 # http://m.ripofiteport.com/r/mutual-of-omaha-illinois-division-office- gregobrien/rosemont-illinois/mutual-of-omaha-illinois-division-office-greg-obrien- liesstealsmisleads-anti-semetic- 1120962 * _http://www.ripofiteport.com/t/greg-obrien-mutual-of-omaha-insurance- generalmanager/rosemont-illinois-/greg-obrien-mutual-of-omaha-insurance- generalmanager-gregory-obrien-greg-obrien-greg-1119504 * _http://m.ripofireport.com/t/greg-obrien-mutual-of-omaha-insurance- generalmanager/rosemont-illinois-/greg-obrien-mutual-of-omaha-insurance- generalmanager-gregory-obrien-greg-obrien-greg-1119504 ¢ __http:/www ipoftreport.comv/r/raj-kamruddin-manager-at-exotic-booksvideo/roselle- illinois/complaint-review-raj-kamruddin-manager-at-exotic-booksvideo-the-complainant- and-the-1153641 * _bttp:/m.ripofireport.com/riraj-kamruddin-manager-at-exotic-books- video /roselleillinois/complaint-review-raj-kamruddin-manager-at-exotic-books-video- thecomplainant-and-the- 1153641 #_http://www.scamexposure.com/scam-report/mutual-of-omaha-insurance-grantbarra- manager-the-crook-oakbrook-illinois-c12613.html ‘* __http:/www.scamexposure.com/scam-report/mutual-of-omaha-insurance-gregobrien- 32271 html © __http:/www scamexposure.com/scam-report/tom-menulty-the-crook-at-mutual-ofomaha- 53758.htmlCase: 1:17-cv-01211 Document #: 67-1 Filed: 03/28/19 Page 7 of 8 PagelD #:270 # _http://www.scamexposure.com/scam-report/greg-0-039-brien-do-not-work-for-thisman- you-will-be-sorry-greg-0-039-brien-conartist-greg-o-039-brien-scammer-grego-039- brien-lies-to-mak-c162497.html http://www. scamexposure.com/scam-report/mutual-of-omaha-general-manager- inrosemont-illinois-greg-obrien-greg-obrien-gregory-0-039-brien-greg-obrien-do- notwork-for-this-man-you-will-be-so-c163857.html ‘* __http:/www.scamexposure.com/scam-report/tom-menulty-the-crook-at-mutual-ofomaha- 53758, htmltic849219 + http://www.scamexposure.com/scam-report/police-are-aware-of-the-illegal- activityc165863.html * _ http:/www.scamexposure.com/scam-report/raj-kamruddin-from-elmhurst-il- maleprostitute-c165861.html * __http:/www_scamexposure.com/byuser/41903/ http://www private-complaints,com/item/mutual-of-omaha-insurance-grant- barramanager-the-crook-oakbrook-illinois-mutual-of-omaha-i1351960.html ‘* _http:/uscomplaints.com/miscellaneous/1071940-grant-barra-manager-the-crook.html * _ http://m.ripofireport.com/reports/-1312635 # http:/www.tipofiieport.com/reports/-1312635 ‘* __http://m.ripoffreport.com/reports/barra-associates-Ilc/attics-ill-il/barra-associatesllcattics- ill-ilifsbrokerage-body-shop-low-on-ethics-and-qualified-personnel-13 12635 + http:/m.ripofireport.comv/reports/barra-associates-Ile/attics-ill-il/ifsbrokerage-bodyshop- low-on-ethics-and-qualified-personnel-1312635 ‘ _http:/www ripoffreport.com/reports/barra-associates-Ile/attics-ill-i/barraassociates- Icattics-ill-ilifsbrokerage-body-shop-low-on-ethics-and-qualifiedpersonnel-1312635 # _http://www.ripofireport.convreports/barra-associates-lle/attic shop-low-on-ethics-and-qualified-personnel-1312635 -il/ifsbrokeragebody- ‘¢ __http:/swww.ripoftreport. com/reports/barra-associates-Ie/attic ifsbrokerage-body-shop-low-on-ethics-and-qualified-personnel-i + bttp:/m.ripofireport.convreports/barra-associates-le/attics-ill-i/barra-associateslle- ifsbrokerage-body-shop-low-on-ethics-and-qualified-personnel-ita-1312635Case: 1:17-cv-01211 Document #: 67-1 Filed: 03/28/19 Page 8 of 8 PagelD #:270 #https://www.glassdoor.ca/Reviews/Employee-Review-Barra-and-Associates- RVW11083520.htm