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LOUIS DEMAS SBN #87286

Attorney at Law

2 Princeville Circle

Sacramento, California 95831-3462

(916) 399-8063

Attorney for Plaintiff

McGREGOR W. SCOTT

United States Attorney

JOSEPH E. MALONEY, SBN 95458

Assistant United States Attorney

501 I Street, Suite 10-100

Sacramento, California 95814

Telephone: (916) 554-2750

Attorneys for Defendant

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

ROBBIE NEARING,

Plaintiff,

v.

MERIT SYSTEMS PROTECTIONS

BOARD, STEPHEN A. PERRY,

ADMINISTRATOR, UNITED STATES

GENERAL SERVICES

ADMINISTRATION, 

Defendants.

 

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No. CIVS-04-1880 DFL GGH

STIPULATION OF SETTLEMENT; 

WAIVER AND RELEASE; DISMISSAL;

ORDER

1. Plaintiff ROBBIE NEARING (hereinafter "plaintiff")

filed this action against the Merit Systems Protection Board and

the Administrator of the General Services Administration

(hereinafter "defendants"), pursuant to Title VII of the Civil

Rights Act of 1964, 42 U.S.C. § 2000e-16, and various other legal

provisions alleging employment discrimination, retaliation, and

unlawful agency action as more fully described in the Complaint

Case 2:04-cv-01880-DFL-GGH Document 19 Filed 01/23/06 Page 1 of 6
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for Judicial Review of MSPB Decision and Complaint of

Discrimination filed on November 9, 2004. 

2. Defendant hereby agrees to pay to plaintiff, and

plaintiff agrees to accept, the total sum of $50,000.00 (Fifty

Thousand Dollars). This amount includes attorney’s fees, expert

witness fees, and all other costs or expenses, which amounts will

be paid out of the sum stated and not in addition to it. 

3. This Settlement Agreement shall not constitute an

admission of liability, fault or discrimination on the part of

the United States, its agencies, agents, or employees and former

employees, and is entered into by both parties only for the

purpose of compromising disputed claims and avoiding the expenses

and risks of continued litigation. 

4. This settlement is in full settlement and satisfaction

of any and all existing and future claims of any kind whatsoever,

known or unknown, which plaintiff or her children, estate, heirs,

successors or assigns may now have or hereafter acquire against

the United States of America, its agencies, agents, employees and

former employees, individually and/or in their official

capacities, as a result of any matter contained within the

Complaint on file in this action.

Plaintiff and her children, estate, heirs, successors or

assigns further agree to reimburse, indemnify, defend and hold

harmless the United States, its agencies, agents, and employees

and former employees, individually and/or in their official

capacities, from any and all such claims incident to or resulting

from further litigation or the prosecution by plaintiff or her

children, estate, heirs, successors or assigns against any third

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party, or against the United States, its agencies, agents, and

employees and former employees, individually and/or in their

official capacities.

5. In consideration for payment of the amount and actions

taken as specified in paragraph 2 above, plaintiff agrees,

represents and warrants that this is a full and final release

applying to all known, unknown and unanticipated injuries,

disabilities, damages or claims of any kind arising in any manner

out of the allegations contained in the Complaint on file in this

action. Plaintiff understands that she may have suffered damages

or have claims that are unknown to her at present. Plaintiff

acknowledges that the sum paid in consideration of this

settlement is intended to and does release and discharge any

claims in regard to such unknown or future damages and claims of

any kind arising out of the allegations contained in the

Complaint, and she does hereby waive to the fullest extent

permissible under law any and all rights under Section 1542 of

the California Civil Code, which reads as follows:

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.

In connection with such waiver and relinquishment, plaintiff

acknowledges that she is aware that she may hereafter discover

claims and damages presently unknown or unsuspected, or facts in

addition to or different from those which she now knows or

believes to be true, with respect to the matters released herein. 

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Nevertheless, it is the intention of plaintiff through this

release, and with the advice of counsel, fully, finally and

forever to settle and release all such matters and claims

relative thereto to the extent those claims arising out of the

allegations contained in the Complaint on file in this action.

6. Plaintiff represents and warrants that, other than

claims and liens for attorney's fees, she is the sole and lawful

owner of all rights, title and interests in and to every claim

and other matter which she purports to release herein, and that

she has not heretofore assigned or transferred, or purported or

attempted to assign or transfer to any person or entity any

claims or other matters herein released. Plaintiff shall

indemnify the United States of America and its agencies, agents,

employees and former employees, named and unnamed, against, and

defend and hold harmless from, any claims arising out of or

relating to any such assignment or transfer of any claims or

other matters released herein. 

7. Payment of the settlement amount will be made by an

electronic funds transfer to the account identified by

plaintiff’s attorney.

8. This Settlement Agreement contains the entire agreement

between the parties hereto, and plaintiff acknowledges and agrees

that no promise or representation not contained in this

Settlement Agreement has been made to her, and she acknowledges

and represents that this Settlement Agreement contains the entire

understanding between the parties, and contains all terms and

conditions pertaining to the compromise and settlement of the

disputes referenced herein. This Settlement Agreement is

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executed without reliance upon any representation by defendant as

to tax consequences, and plaintiff is responsible for the payment

of all taxes that may be associated with the settlement payment.

9. The terms of this Settlement Agreement are binding on

the parties, but do not give rise to any separate cause of

action. In the event of a dispute between the parties regarding

a matter that arises under this Settlement Agreement, the sole

remedies of the parties shall be to seek relief through an order

from this Court. The parties hereby stipulate that this Court

shall maintain jurisdiction to enforce and interpret the terms of

this Settlement Agreement.

10. This Settlement Agreement and the provisions contained

herein shall not be construed or interpreted for or against any

party hereto because that party drafted or caused that party's

legal representative to draft any of its provisions.

11. Plaintiff acknowledges that she has read this

Settlement Agreement, that she fully understands her rights,

privileges and duties hereunder, and that she enters into this

Settlement Agreement freely and voluntarily. Plaintiff further

acknowledges that she has had sufficient opportunity to consult

with her counsel to explain the terms of this Settlement

Agreement and the consequences of signing it.

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12. Plaintiff agrees that, in consideration of defendant’s

agreement to take the steps set forth in paragraph 2, her action

may be and hereby is dismissed with prejudice.

DATED: LAW OFFICES OF LOUIS DEMAS

 

 By: 

 LOUIS DEMAS

 Attorneys for Plaintiff

DATED: 

 ROBBIE NEARING

 Plaintiff

Dated: McGREGOR W. SCOTT

UNITED STATES ATTORNEY

JOSEPH E. MALONEY

ASSISTANT UNITED STATES ATTORNEY

ORDER

IT IS SO ORDERED.

DATED: 1/20/2006

DAVID F. LEVI

United States District Judge

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