MELINDA HAAG, (CSBN 132612) United States Attorney, ALEX TSE, (CSBN 152348) Chief, Civil Division, JAMES A. SCHARF, (CSBN 152171) Assistant United States Attorney, San Jose, California. Attorneys for Defendant USA
ROSSANA REIS, Plaintiff.
JOSEPH W. CAMPBELL, ELIZABETH B. MORENO, Attorneys for Plaintiff.
STIPULATION FOR COMPROMISE SETTLEMENT AND RELEASE AND ORDER
WILLIAM H. ORRICK, District Judge.
It is hereby stipulated by and between the undersigned Plaintiff Rossana Reis ("Plaintiff") and the Defendant UNITED STATES OF AMERICA ("Defendant"), by and through their respective attorneys, as follows:
WHEREAS, the parties participated in a mediation with Brick McIntosh on August 14, 2013, at which this Stipulation for Compromise Settlement and Release ("agreement") was reached.
WHEREAS, Plaintiff and Defendant wish to avoid any further litigation and controversy and to settle and compromise fully any and all claims and issues that have been raised, or could have been raised in this action, which have transpired prior to the execution of this agreement;
WHEREAS, the parties intend this to be a full, final and complete settlement that resolves all claims and potential claims that Plaintiff may have arising out of the subject accident of August 8, 2011, including but not limited to Plaintiff's claims and potential claims for physical injuries, psychological injuries, past and future medical bills, past and future wage loss and past and future pain and suffering resulting from that accident.
NOW, THEREFORE, in consideration of the mutual promises contained in this agreement, and other good and valuable consideration, receipt of which is hereby acknowledged, the parties agree as follows:
1. Agreement to Compromise Claims. The parties do hereby agree to settle and compromise each and every claim of any kind, whether known or unknown, arising directly or indirectly from the acts or omissions that gave rise to the above-captioned action under the terms and conditions set forth in this agreement.
2. Definition of "United States of America." As used in this agreement, the United States of America shall include its current and former agencies, agents, servants, employees, and attorneys, including but not limited to, the United States Postal Service and/or any of its current or former agents, servants, employees, and attorneys, including, but not limited to, Gregory Chan.
3. Settlement Amount. The United States of America agrees to pay the sum of seventy five thousand dollars ($75, 000.00) ("Settlement Amount"), which sum shall be in full settlement and satisfaction of any and all claims, demands, rights, and causes of action of whatsoever kind and nature, arising from, and by reason of any and all known and unknown, foreseen and unforeseen personal injuries, damage to property and the consequences thereof, resulting, and to result, from the subject matter of this settlement, including any potential claims for wrongful death or loss of consortium, for which Plaintiff or her guardians, heirs, executors, administrators, or assigns, and each of them, now have or may hereafter acquire against the United States of America.
4. Release. Plaintiff and her guardians, heirs, executors, administrators or assigns hereby agrees to accept the Settlement Amount in full settlement and satisfaction of any and all claims, demands, rights, and causes of action of whatsoever kind and nature, including potential claims for wrongful death or loss of consortium, arising from, and by reason of any and all known and unknown, foreseen and unforeseen personal injuries, damage to property and the consequences which they may have or hereafter acquire against the United States of America on account of the same subject matter that gave rise to the above-captioned action, including any future claim or lawsuit of any kind or type whatsoever, whether known or unknown, and whether for compensatory or exemplary damages. Plaintiff and her guardians, heirs, executors, administrators or assigns further agrees to reimburse, indemnify and hold harmless the United States of America from and against any and all such causes of action, claims, liens, ...