United States District Court, S.D. California
October 7, 2005.
KAREN SCHETTINI; EARNST SCHETTINI, Plaintiffs,
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
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.
IT IS ORDERED that this Stipulation for Compromise Settlement
be approved. Accordingly, the entire case is hereby dismissed
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