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SCHETTINI v. U.S.

United States District Court, S.D. California


October 7, 2005.

KAREN SCHETTINI; EARNST SCHETTINI, Plaintiffs,
v.
UNITED STATES OF AMERICA, Defendant.

The opinion of the court was delivered by: JEFFREY MILLER, District Judge

STIPULATION FOR COMPROMISE SETTLEMENT AND ORDER THEREON

IT IS HEREBY STIPULATED by Plaintiffs and Defendant, through their respective attorneys; that this action, brought pursuant to the Federal Tort Claims Act (FTCA), 28 U.S.C. § 1346(b), be settled and compromised in accordance with the following terms:

  1. The United States will pay the total sum of Fifty-Seven Thousand Five Hundred Dollars ($57,500) in full settlement and satisfaction of any and all claims that Plaintiffs Karen Schettini and Earnst Schettini may have or may hereafter acquire against the United States or any of its employees or agencies, arising out of the circumstances alleged in their Complaint; namely, the incident that occurred on November 23, 2003, in San Diego, California.

  2. This instrument constitutes a compromise settlement of a disputed claim and demand and does not constitute any admission of liability or fault on the part of the United States or any of its employees or agencies in reference to the events alleged in the Complaint or otherwise. 3. Plaintiffs will accept the total sum of Fifty-Seven Thousand Five Hundred Dollars ($57,500) in full and final satisfaction of any and all claims and demands which their successors or assigns may now have or may hereafter acquire, as a result of the incident described in the Complaint, by act or operation of law, against the United States or any of its employees or agencies arising out of the circumstances more fully set forth in the Complaint, or otherwise.

  4. Payment of the above sum shall constitute a complete release from and bar to any and all causes of action, claims, rights, liens or subrogated interests, known or unknown to Plaintiffs and in whosoever vested, by reason of or arising from the circumstances more fully set forth in the Complaint, and Plaintiffs agree to indemnify, defend and save harmless the United States and/or its employees or agencies, individually, and/or in their official capacities, from such causes of action, liens, or subrogated interests.

  5. One check in the amount of $57,500 shall be made to the order of Plaintiffs' attorney of record, THOMAS J. MASSEY. From that amount, and not in addition to the principal sum of $57,500 paid pursuant to this agreement, attorney's fees of not more than twenty-five percent (25%) of the total settlement of $57,500 payable under this agreement, namely the amount of $14,375, shall be payable to Plaintiffs' attorney of record, as provided in 28 U.S.C. § 2678.

  6. Not less than the remaining seventy-five percent (75%) of the total settlement of $57,500 payable under this agreement, namely the amount of $43,125, shall be payable to Plaintiffs, subject to medical liens and costs related to this suit for which Plaintiffs, individually, jointly or otherwise are contractually or otherwise liable. 7. In exchange for the United States' promise to pay the aforesaid sum, the action against the United States, shall be dismissed with prejudice.

  8. All parties shall bear their own costs.

  ORDER

  IT IS ORDERED that this Stipulation for Compromise Settlement be approved. Accordingly, the entire case is hereby dismissed with prejudice.

20051007

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