The opinion of the court was delivered by: MARTIN JENKINS, District Judge
STIPULATION AND [PROPOSED] ORDER OF COMPROMISE SETTLEMENT
IT IS HEREBY STIPULATED by and between the parties, after full
and open discussion, that the above-captioned personal injury
action brought pursuant to the Federal Tort Claims Act for
negligence and negligent infliction of emotional distress be
settled and compromised on the following terms:
1. Defendant United States of America (the "United States")
shall pay to Plaintiff Anastasiya Randall ("Plaintiff") and her
counsel, The Law Offices of Otus & Associates, the sum of $15,000. The parties agree that this amount of $15,000 is
in exchange for Plaintiff releasing and dismissing all claims for
compensatory and special damages, back pay, front pay, interest,
attorneys' fees, costs, restitution, and any other form of legal
or equitable recovery relating to or arising out of the incident
between Plaintiff and United States Postal Service employee Harut
Pirinjian on March 31, 2004. The parties understand that this
amount includes full satisfaction of all claims for attorney's
fees and costs arising out of all stages of litigation,
including, but not limited to, the processing of the Plaintiff's
administrative and district court complaints in connection with
Randall v. United States et al., C 05-1430 MJJ (the "Action").
2. Plaintiff will accept the terms described in paragraph 1 in
full settlement and satisfaction of any and all claims and
demands which she, her successors or assignees may now have or
hereafter acquire against Defendants the United States of America
and/or Harut Pirinjian (collectively "Defendants"), the United
States Postal Service ("USPS"), or any of their past and present
officials, agents, employees, attorneys, or insurers.
3. In consideration of this Agreement and the payment of the
foregoing amount thereunder, Plaintiff agrees that upon
notification that the settlement check is ready, her counsel will
execute and e-file a Request for Dismissal with prejudice of this
entire Action consistent with the terms of this Agreement. Upon
receipt of the executed Request for Dismissal from Plaintiff's
counsel, the United States' counsel will release the settlement
check to Plaintiff's counsel.
4. Plaintiff agrees to cooperate with the United States in
connection with taking whatever steps are necessary to obtain the
dismissal with prejudice of any pending administrative complaints
or charges against Defendants, the USPS, or any of their past and
present officials, agents, employees, attorneys, or insurers.
Plaintiff agrees that she has not filed and will not file any
other charges, complaints, lawsuits, or other claims that relate
to or arise out of the incident between Plaintiff and USPS
employee Harut Pirinjian on March 31, 2004.
5. Plaintiff hereby releases and forever discharges Defendants,
the USPS, and any and all of their past and present officials,
agents, employees, attorneys, insurers, their successors and
assigns, from any and all obligations, damages, liabilities,
actions, causes of actions, claims and demands of any kind and nature whatsoever, whether suspected
or unsuspected, at law or in equity, or known or unknown, which
arise from or relate to the incident between Plaintiff and USPS
employee Harut Pirinjian on March 31, 2004.
6. The provisions of California Civil Code Section 1542 are set
"A general release does not extend to claims which
the creditor does not know or suspect to exist in his
favor at the time of executing the release, which if
known by him must have materially affected his
settlement with the debtor."
Plaintiff has been informed of the statutory language of Civil
Code Section 1542, and fully understanding the same, nevertheless
elects to waive the benefits of any and all rights she may have
pursuant to the provision of that statute and any similar
provision of federal law. Plaintiff understands that, if the
facts concerning the claims released in this Agreement and the
liability of the government for damages for such claims are found
hereinafter to be other than or different from the facts now
believed by them to be true, this Agreement shall be and remain
effective notwithstanding such material difference.
7. This Agreement may be pled as a full and complete defense to
any subsequent action or other proceeding involving any person or
party that arises out of the claims released and discharged
8. This Agreement is a compromise settlement of disputed claims
and demands, which settlement does not constitute an admission of
liability or fault on the part of Defendants, the USPS, or any of
their past and present officials, agents, employees, attorneys,
or insurers on account of the events described in Plaintiff's
complaints in this Action.
9. If any hospital, doctor, medical facility, health care
provider, employer, insurance carrier, or other entity has
asserted or asserts in the future any claim(s), liabilities,
damages, interest(s), or lien(s) of any kind and nature
whatsoever arising out of the incident between Plaintiff and USPS
employee Harut Pirinjian on March 31, 2004, this Action, or the
settlement of this Action, Plaintiff shall be solely responsible
for paying any such claim(s), liabilities, damages, interests, or
liens, and shall indemnify and hold harmless Defendants and the
USPS from any liability incurred for such claim(s), liabilities,
interests, damages, or liens.
10. If any withholding or income tax liability is imposed upon
Plaintiff based on payment of the settlement sum received herein,
Plaintiff shall be solely responsible for paying any such
determined liability from any government agency thereof.
Plaintiff will indemnify and hold harmless Defendants and the
USPS from any liability incurred from any government agency
arising out of any failure by Plaintiff to pay for any liability
she might incur from any government agency. Plaintiff
acknowledges Defendants and the USPS have made no representations
as to any tax liability she may incur as a result of this
11. Plaintiff has been informed that payment may take thirty
days or more to process from the date Plaintiff executes this
Agreement and returns it to the United States' counsel.
12. Plaintiff acknowledges and agrees that she has thoroughly
reviewed the entire Agreement, has discussed its terms with ...