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2011-02-14 Settlement Agreement Wording r CO URI, MACARTHUR & R UPPE, P.L.L.P Attorneys at law Michael C. Couri* 705 Central Avenue East Sarah E. Schwarzhoff Andrew J. MacArthur PO Box 369 Robert T. Ruppe ** St. Michael, MN 55376 -0369 (763) 497 -1930 *Also Licensed in Illinois (763) 497 -2599 (FAX) * *Also Licensed in California www. courimacarthur. com February 14, 2011 VIA FACSIMILE 763 - 682 -7300 The Honorable Geoffrey W. Tenney Wright County District Court 10 2 nd Street N.W., Room 201 Buffalo, MN 55313 -1192 Re: City of Albertville v. Alpine Capital, LLC; Court File No. 86- CV -09- 6850. Dear Judge Tenney: The above matter is scheduled for a pretrial hearing before the Court on February 15, 2011 at 1:30 p.m. As you may recall, at the last pretrial hearing the parties had been negotiating a settlement and were working with the banks which are secured creditors of Alpine Capital. Since our last hearing, the parties have agreed upon the language of the settlement agreement, and are now waiting for the banks to release their secured position on selected parcels of real estate that will be transferred to the City as part of the settlement. The parties anticipate that these releases will be obtained by the end of February, at which time the executed settlement agreement will be filed with the Court requesting the Court to dismiss this case. Given this schedule, both myself and Mike Brutlag, the attorney for the Alpine, are requesting that the Court cancel the pretrial set for tomorrow afternoon and reschedule a pretrial for 30 to 60 days out, by which time we expect this case to be fully settled and dismissed. Both Mr. Brutlag and myself have discussed this issue with your clerk, Ann Jakala earlier today, and Mr. Brutlag is in agreement with this request. Thank you for your consideration of this request. i The Honorable Geoffrey W. Tenney February 14, 2011 Page 2 of 2 Sincerely, Z� ( ;t" Michael C. Couri Couri, MacArthur & Ruppe, P.L.L.P. Cc: Mr. Mike Brutlag