Case 3:11-cv K Document 72 Filed 06/25/12 Page 1 of 5 PageID 676

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1 Case 3:11-cv K Document 72 Filed 06/25/12 Page 1 of 5 PageID 676 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION MONIQUE ALLEN AND UPCDC TEXAS, INC., Plaintiffs, CIVIL ACTION NO. v. 3:11-CV-946-K NOORALLAH JOOMA, et al., Defendants. FINAL JUDGMENT On this day came Plaintiffs/Counterclaim Defendants Monique Allen and UPCDC Texas, Inc. ("UPCDC") (collectively referred to as "Counterclaim Defendants") and Defendants/Counterclaim Plaintiffs Noorallah Jooma, Dallas Jubilee Developers, LLC, Accent Developers, LLC, Mineral Wells Pioneer Crossing, LP, Lufkin Pioneer Crossing, LP, SS Seniors, LLC, Murid, LLC and Murid GP I, LLC, (collectively the "Jooma Parties"), and Terrance Wright, Wright Group Architects Planners, PLLC, Brian Rumsey, Cross Architects, PLLC, Watermark Construction, LP, Tim Rogers and John Gambini (all collectively referred to as "Counterclaim Plaintiffs"), by and through their respective counsel of record, and announced to the Court that the Parties have compromised and settled all matters in dispute. After review of the papers and pleadings on file, and pursuant to this Court s Order that granted leave to Defendants to file a counterclaim for declaratory judgment and provides that the Court will enter the proposed declaratory judgment (attached as

2 Case 3:11-cv K Document 72 Filed 06/25/12 Page 2 of 5 PageID 677 Exhibit B to Doc. No. 70), it is hereby ORDERED, ADJUDGED AND DECREED: 1. The Court has jurisdiction over the Parties and subject matter in issue. 2. The Court makes the following findings and further ORDERS and DECLARES: a) Counterclaim Plaintiffs, including Noor Jooma, did not forge Monique Allen's signature on tax credit applications or any other documents; b) Counterclaim Plaintiffs, including Noor Jooma, did not forge a notary's signature on tax credit applications or any other documents; c) Counterclaim Plaintiffs, including Noor Jooma, did not sign and submit fraudulent tax credit applications to the TDHCA or any other governmental agency; d) Counterclaim Plaintiffs did not sign and submit false pay applications to the TDHCA or any other governmental agency; e) Counterclaim Plaintiffs, including Noor Jooma, did not use Monique Allen's Certificate of Experience without permission; f) Counterclaim Plaintiffs, including John Gambini, did not create a false and fraudulent letter of credit in connection with low income housing projects. g) Counterclaim Plaintiffs, including Noor Jooma, did not make any false misrepresentations to Counterclaim Defendants Monique Allen and - 2 -

3 Case 3:11-cv K Document 72 Filed 06/25/12 Page 3 of 5 PageID 678 UPCDC to induce either of them to agree to act as a "co-developer" on low income housing projects; h) Counterclaim Plaintiffs were not running a scheme to defraud government agencies, the State of Texas, the United States (including but not limited to the TDHCA, the U.S. Treasury, HUD, and/or the IRS) and/or the public at large, out of low income housing tax credits and public funds. Counterclaim Plaintiffs did not conduct or participate, directly or indirectly, in an enterprise through a pattern of racketeering activity; I) Counterclaim Plaintiffs did not procure monies from the TDHCA, U.S. Treasury, HUD, and/or the IRS under knowingly false pretenses by forging signatures, stealing architectural plans, and/or signing fraudulent tax credit applications on tax credit apartment complex transactions around the State of Texas; j) Counterclaim Plaintiffs did not engage in a pattern of continuity with continuous and related behavior that amounts to, or poses a threat of, continued criminal violations; k) Counterclaim Plaintiffs did not engage in racketeering activity in violation of federal laws; l) Counterclaim Plaintiffs did not violate the RICO statute (18 U.S.C

4 Case 3:11-cv K Document 72 Filed 06/25/12 Page 4 of 5 PageID , et. seq.); m) Counterclaim Plaintiffs did not combine or agree with one another to accomplish an unlawful purpose or to accomplish a lawful purpose by unlawful means; n) Any applications that Counterclaim Plaintiffs, including Noor Jooma, submitted to the TDHCA were not submitted via wire or mail; o) Counterclaim Plaintiffs did not engage in a civil conspiracy; p) The Jooma Parties did not knowingly make a false and material representation to Counterclaim Defendants, Monique Allen and UPCDC, for the purpose of inducing Counterclaim Defendants to act on the representation; q) The Jooma Parties did not commit fraud against Counterclaim Defendants, Monique Allen and UPCDC; r) The Jooma Parties are not liable to Counterclaim Defendants, Monique Allen and UPCDC, under a theory of quantum meruit; and s) The Counterclaim Plaintiffs, individually and/or collectively, are not liable to Counterclaim Defendants Monique Allen or UPCDC for damages, exemplary damages and/or attorneys' fees. 3. All other claims and counterclaims by all parties that were or could have been asserted in this action are hereby DISMISSED with prejudice

5 Case 3:11-cv K Document 72 Filed 06/25/12 Page 5 of 5 PageID Each party shall bear its own costs and attorneys' fees. 5. This Court retains jurisdiction over this matter to enforce the parties' Settlement Agreement. 6. All relief not expressly granted herein is denied. SO ORDERED. th Signed June 25, ED KINKEADE UNITED STATES DISTRICT JUDGE - 5 -