MWOcument 41-- 01/267i5? "Page 5 - UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK . ..4 . . . h-Ah-du?a SONDRA ARQUIBTT, Plaintiff, . V. I. . Civil Action No. UNITED STATES and TIMOTHY Defendants. STIPULATION Eon VOLUNTARY DISMISSAL, COMPROMISE SETTLEMENT AND RELEASE OF CLAIMS It is hereby stipulated by and between the undersigned plaintiff (meanng any person, other than the defendant and the attorneys, signing this agreement, Whether or not a party to this civil action), and the-defendants United States of America and Timothy Sinnigen, by and through their respective attorneys, as follows: .1. Plaintiff?s First Cause of Action is hereby voluntarin dismissed, with prejudice and without costs or fees to any party. The parties hereby ?n'ther stipulate and agree to a compromise settlement and release of Plaintiff?s Second and Third Causes of Action pursuant to 28 U.S.C. 2677, asfollows: an 2. 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 emissions that gave rise to the above-captioned action under the terms. and conditions set forth in this Settlement Agreement.? 3. The United States of America agrees to pay the sum of one hundred thirty four thousand dollars which sum shall be in lull- 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 bodily and personal injuries, damage to property and the consequences thereof, resulting, and to result; from the subject matter of this settlement, including any claims for wrongful death, 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, its agents, servants, and employees, including but not limited to defendant Timothy Sinnigen. 4. Plaintiff and her guardians, heirs, executors, administrators or assigns hereby agree to accept the sums set forth in this Stipulation of Compromise Settlement in full settlement, satisfaction, and release of any and all claims, demands, rights, and causes of action of - whatsoever kind and nature, including claims?fcr wrongful death, arising from, and by'reason of any and all known and unknown, foreseen and unforeseen bodily and personal injuries, damage to property and the consequences thereof which she may hare or hereafter acquire against the United States of America, its agents, servants and employees, including but not limited, to defendant Timothy Sinnigen, 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 - . luau?n?L?u-h I N. Document-41 ?uent/20715" Page?s guardians, heirs, executors, administrators or assigns further agree to reimburse, indemnify and hold harmless the United States of America, its agents, servants, and employees, including but not limited to defendant Timothy Sinnigen, from and against any and all such causes of action, claims, liens, rights, or subrogated or contribution interests incident to or resulting from further litigation er the prosecution 'of claims by plaintiff or her guardians, heirs, executors, administrators or assigns against any third party or against the United States or defendant Timothy Sinnigen, including claims for wrongful death. 5. This stipulation for compromise settlement is not, is in no way intended to be, and should not be construed as, an admission of liability or fault on the part of the United States, its agents, servants, or employees, including but not limited to defendant Timothy Sinnigen; and the defendants speci?cally deny that they are liable to the plaintiff. This settlement is entered into by all parties for the purpose of compromising disputed claims under the Federal Tort Claims - Act and avoiding the expenses'and risks of further litigation. - 6. It is also agreed, by and among the parties, that the respective parties will each bear their own costs, fees, and expenses and that any attorney?s fees owed by the plaintiff will be - paid out of the settlement amount and not in addition thereto. 7. It is also understood'by and among the parties that pursuant to Title 28, United-,- States Code, Section 2678, attorney?s fees 'for services rendered in connection with this action shall not exceed 25 per centum of the amount of the compromise settlement. 8. . The persons signing this Settlement Agreement warrant and represent that they possess full authority to bind the persons on Whose behalf they are signing to. the terms of the settlement. In the event any plaintiff is a minor or a legally incompetent adult, the must obtain Court approval of the settlement at their expense. Plaintiff agrees to obtain such approval in'a timely manner; time being of the essence. Plaintiff further agrees that the United States may void this settlement at its option in the event such approval is not obtained in a timely manner. In the event plaintiff fails to obtain such Court approval, the entire Stipulation for Compromise, Settlement and Release and the compromise settlement are null and void. 9. Payment ?of the settlement amount will he made by government Wire transfer to the bank account of Law Of?ce of John Hoggan, PLLC, as counsel for plaintiff: Plaintiffs attorney agrees to distribute the settlement proceeds to the plaintiff, and to obtain a dismissal of- the above~captioned action With prejudice, 'with each party bearing its own fees, costs, and expenses. 10.. The parties agree that this Stipulation for Compromise Settlement and Release, including all the terms and conditions of this compromise. settlement and any additional agreements relating thereto, may he made public in their entirety, and the plaintiff expressly consents; to such release and disclosure pursuant to 5 U.S.C, 552a(b). I 11. It is contemplated that this Stipulation may be executed in several counterparts, . with a separate signature page for each party. All such counterparts and signature pages, together, shall be deemed to be one. document. . Ly Executed this/53k day of January, 2015 Executed this [51/ day of January, 2015 LAW FFICE or JHN HOGGAN, PLLC Sondra Arquiett Plaintiff I ?By: . - . John Bar llNo. 511254 Sworn to me before this [If 90 to Street . day of January, 2015 Albany, New York 12207 I (518) 312?4176 711 ?3 a Notary Public . Attorney for Plaintiff MAN 8. Notary Public, State of New York Reading in ie?erson Cty. No 4632 Mleommission Expires January ?"Do'CtJment ?41-r File" 720715? -- - Executed this I day of January, 2015 EXeoulod this [97% day of January, 2015 LAW OFFICE OF DONALD T. KINSELLA ZIMMER LAW OFFICE, PLLC By: By: Donald T. Kins a . Kim??rly Zimmer Bar Roll No. 103149 Bar R011 ND. 50534 90 State Street 333 East Onondaga Street I Albany, New York 1220? Suite 301 (518) 3?12?41?6 Syracuse, New York 13202 dkinseil?lghiamnet (315)4223909 I kim 'mzimnierlawloom Attorney for Plaintiff Attorney for Hainti?? - 161* go - Executed this day of January, 2015 Execubed this/?? day of January, 2015 RICHARD S. HARTUNLAN mg United States Attorney . H.) Northern District of New York Timotth Sly ?nuum? . Defendant Ma?a. m1 Oz"; KARBNFO - TER LESPE NOTA Assistant United States Attomey Sworn to me before this g; . 'E'Bar Roll No. 514103 day'- of Januam 2015 . 5 James .T. Foley U. S. Courthouse . an I .3'445 Broadway,Roon1213 a 3 - . 5.. ks Albmy, NY 12207, ailing funj?fi?mio? Telephone: (513)431-0247 I Notary Public 1 . . Attorney for defendants United Statee- of America and Timothy Sinnigen was g: -. "3 so ORDERED: Hon. Thomas J. MoAvoy Senior United States District Judge