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Nicole Richie Settlement

Photog Agrees to

Stay Away

12/1/2010 11:25 PM PST BY TMZ STAFF

Nicole Richie is settling her war with the paparazzo she accused of stalking her child -- getting him to surrender and stay away from her for 5 years ... TMZ has learned.

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Sources connected to the case tell us Nicole's powerhouse attorney Mark Geragos met with Fabricio Luis Mariotto this afternoon -- outside of court -- to draw up an agreement that states Mariotto must stay away from Nicole and her family for 5 years.

We're told he can't sit outside her house, follow her or be outside of baby Harlow's school.

In return ... Nicole is dropping her request for a permanent restraining order against the photog. She also avoids the hassle of testifying in open court.

The document is expected to be filed before the next court date ... and we're told there are stiff financial penalties if Mariotto violates the agreement.


39 COMMENTS

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16.

emerald    

Good for Nicole lol!! While celebs/stars are in the eyes of the public that doesn't mean that we OWN them!! Kids of celebs are pursued relentlessly by paps in order to get the first baby photo, the the kid at school or anywhere else, even knowing their parents do everything they can to keep them out of public eye (though some are happy to sell their every image for money!)!! Some of these guys are nasty pieces of work, with a shady history! So, instead of thinking of the kids parents, think of how YOU would feel if some strange, shady looking weirdo was taking your kid's picture's at their school and everywhere they can follow them hm?! YOU would be in outrage, accusing the guy of being a paedophile and gripping him by the throat hm?!

Chrissie If Nicole and Harlow's picture's didn't sell for many thousands my sweet, this idiot and the rest wouldn't be stalking her, whether you consider her in your view a C list celeb or not lol!!!

1237 days ago
17.

Lauren    

I LOVE gossip - and I love this site! However, there IS a limit and harrassing children is the limit. We buy the stories online or in print, so we are just as guilty, but can you imagine your livlihood is based on stalking people, telling lies, and making your buck off of private moments and pain? Pretty sad....go to your grave with that as your accomplishment....but they wouldn't do it if we didn't want to know it.

1237 days ago
18.

Ivana Tinkle    

I agree with the pap; she's no Angelina Jolie, she's a C list celeb. I forgot why she was famous...
oh yea, her dad had some hits 30 years ago and she knows Paris Hilton.
zzzzzzzz
Maybe this is her last attempt to stay in the limelight.
When no one is around to take her photo, she'll be staging "impromptu paparazzi run-ins" like Paris Hilton.
" Hey paparazzi, this is Paris Hilton....my car will be breaking down at the corner of -- and --street...just in case you're around with your cameras..hint hint..."

1237 days ago
19.

Truth    

SOOO THAT DOESNT STOP THE OTHER 1000 PAPS FROM DOING THE SAME. SO MUCH FOR NAMING 1 SINGLE PAP. WHAT A STUPID RO!! BESIDES, IT BASICALLY TELLS OTHER PAPS WHERE TO FIND THE BIATCH - "OUTSIDE HER HOUSE AND IN FRONT OF BABY HARLOW'S SCHOOL". LMAO!

1237 days ago
20.

Moe Green    

Rich people abusing people who struggle for a living. She's a disgrace.

1236 days ago
21.

JLS    

Hey Poster No. 2,

Dude does NOT have a right to stand on private property (as he was photographed on the preschool property) and take pics of her and Harlow. The school could have had him arrested and SHOULD HAVE. Past that, if you are a photog, you just can't do whatever you wish. There are some things that will get you where this one currently is. In deep crap.

1236 days ago
22.

Moe Green    

He's in deep crap because a loser has millions of dollars, due to no talent of her own, to harass a poor photographer. Money talks and buys good lawyers. It happens all the time to people without the resources. She throws a tantrum and spends lots of money to get back at this guy to make an example that she is above the 'little' people. If the school wanted him off their property they should have given him a warning and the called the cops. Why did they not do this? Because is was a stupid 'Nicole' issue of her trying to get media attention.

1236 days ago
23.

Monica    

I don't think he was actually on the property. You can't have someone arrested for standing across the street.. But there should be restrictions on stalking the schools... Harlow or any celeb. kid should be OFF LIMITS!!! She did the right thing to protect her kids. Photogs are just pricks.. Sorry to say but TMZ crosses that line all the time as well.

1236 days ago
24.

Superman    

The question is what is she paying him to stay away, because this "agreement" is worse than a restraining order.

1236 days ago
25.

Dandy Dan    

Without seeking the truth, this "annual" same ol' story is yet more B.S. TMZ puts up just because someone from Geragos's firm asked them too. The Truth? No docs "will be filed", in court the case will be dismissed. Tamar will try to make a statement, submit this "agreement" or comment in court and the judge will tell her to shut the f-up. Case Dimissed ...Period. Goodbye there's the door.
Geragos tried to have S-List actress (s=sucks) Gail O'Grady's made up imaginary "stalker" sign a similiar deal yet she "was in fear of her and her son's life" and her agent's life and her manager's life. Give me a break Tamar, Douche Bag Ross, and Mark, just go away. You are idiotic liars, media whores, an embarassment and you suck.

1236 days ago
26.

jwoolman    

TMZ is twisting things a tad, don't you think? I'm sure Nicole was quite willing to testify in open court. More likely the guy himself decided it was safer to have a private agreement, that picture she took makes it pretty clear he was stalking the kid (or other kids at the school), there was no reason for him to be there otherwise. Creepy.

It's quite reasonable to expect paps to stay away from kids' schools and stop lurking outside a private home, making a family prisoners in their own home if they want some privacy. Just because most people put up with it doesn't mean they should.

If someone is doing a special event where photographers are expected - fine, go ahead and take pictures. But anywhere else - no means no. Why do we allow all this invasion of privacy? It would creep anybody out. This is why celebs are so often shown carrying their children who are quite capable of walking - to protect them from the idiot paps. A lot of kids are freaked out by the cameras and flashes and the rush of photogs shouting their stupid questions.

The default should be no pictures outside of special events. If celebrities want candid shots of themselves wandering around town to keep themselves in the news - they should have to sign a paper do***enting their general approval. Or at the very least, have a list that is the equivalent of those Do Not Call lists (a "Do Not Photograph/Do Not Ask Me Stupid Questions on the Street" kind of thing). And it should be illegal for anybody under 18 to be stalked by the paps this way - we've seen them descend on young actors and singers, asking them creepy questions, it's reprehensible. Whatever happened to getting a signed release before selling pictures of people?

It's never a waste of money or time to pursue these things legally. That's why we have courts. The judges etc. get paid regardless of whether they have a case in front of them. The people who have the time and money and persistence to go through with such cases often set useful precedents that protect all of us.

1236 days ago
27.

Grace    

Nicole is full of herself. D-List personality who thinks she is tough stuff.

1236 days ago
28.

Greg    

Nicole,

Seriously, wtf is with those glasses? You look like a bug.

1236 days ago
29.

Ginger    

He does not belong around a school for children. However, isn't Nicole working on a clothing line? Wanna' bet she'll love the pap attention when she wants to advertise. You can't have it both ways, Nic.

1236 days ago
30.

fahgettaboutit    

Good for her! She obviously has paps following her all the time but this guy camped out at a friggin preschool to snap pics of little kids? That's twisted. Stick to the grown ups dude.

1236 days ago
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