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McGREGOR W. SCOTT

United States Attorney

DAVID T. SHELLEDY

Assistant United States Attorney

501 I Street, Suite 10-100

Sacramento, California 95814

Telephone: (916) 554-2799

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

LISA COFFRON AND JULIE

MUELLER,

Plaintiff,

v.

UNITED STATES OF AMERICA, 

Defendant.

______________________________

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No. CIVS-04-2669 FCD/GGH

SETTLEMENT STIPULATION;

RELEASES; DISMISSAL; ORDER

It is hereby stipulated by and between plaintiffs Lisa

Coffron and Julie Mueller ("plaintiffs") and defendant, the

United States of America (collectively with plaintiffs, "the

parties"), and their undersigned attorneys as follows:

1. The parties 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 Stipulation.

2. The United States agrees to pay the sum of seventeen

thousand eight hundred forty eight dollars ($17,848.00) to

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plaintiffs, 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

bodily and personal injuries, damage to property and the

consequence thereof, resulting, and to result, from the subject

matter of this action, including any claims for wrongful death,

which plaintiffs, and each of them, or their guardians, heirs,

executors, administrators, or assigns, now have or may hereafter

acquire against the United States, its agents, servants, and

employees.

3. Plaintiffs, and each of them, and their guardians,

heirs, executors, administrators or assigns hereby agree to

accept the sum set forth in paragraph 2 in full settlement and

satisfaction of any and all claims, demands, rights, and causes

of action of whatsoever kind and nature, including claims for

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

they may have or hereafter acquire against the United States, its

agents, servants, and employees on account of the same subject

matter that gave rise to this action, including any future claim

or lawsuit of any kind or type whatsoever, whether known or

unknown, and whether for compensatory or exemplary damages,

arising from the Cannon Fire. Plaintiffs, and each of them, and

their guardians, heirs, executors, administrators, or assigns

further agree to reimburse, indemnify and hold harmless the

United States and its agents, servants and employees from and

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against any and all causes of action, claims, liens, rights, or

subrogated or contribution interests incident to or resulting

from further litigation or the prosecution of claims arising from

the subject matter of this action.

4. Plaintiffs warrant and represent that throughout June

2002, and on every day the property referred to in the complaint

sustained direct or indirect damage as a result of the Cannon

Fire, they were the true and sole owners of all real and personal

property referred to in the complaint and in every administrative

tort claim filed by either or both of them concerning the Cannon

Fire.

5. Plaintiff’s undersigned attorney represents that he has

explained, and plaintiffs warrant and represent that they intend,

that this Stipulation shall release all existing and future

claims arising directly or indirectly from the acts or omissions

that gave rise to the above-captioned action, including claims

that are unknown and unforeseen, notwithstanding Section 1542 of

the Civil Code of the State of California, which provides 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 [this] Release, which if known by

him must have materially affected his

settlement with the debtor.

6. This Stipulation 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 or its agents, servants,

or employees, and it is specifically denied that they are liable

to plaintiffs. This settlement is entered into by all parties

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for the purpose of compromising disputed claims under the Federal

Tort Claims Act and avoiding the expenses and risks of further

litigation.

7. The parties agree that they will each bear their own

costs, fees, and expenses; that any attorney's fees owed by

plaintiffs will be paid out of the settlement amount and not in

addition thereto; and that all outstanding or future bills and

liens will be the sole responsibility of plaintiffs. Pursuant to

Title 28, United States Code, Section 2678, attorney's fees for

services rendered in connection with this action shall not exceed

25 percent of the amount of the compromise settlement.

8. Payment of the settlement amount will be made by check

payable to plaintiffs and their attorney, Timothy W. Pemberton,

Esq. Plaintiff's attorney agrees to distribute the settlement

proceeds, and to obtain a dismissal of the above-captioned action

with prejudice, with all parties bearing their own fees, costs

and expenses.

9. The parties and their undersigned attorneys agree to

execute and deliver such other and further documents as may be

required to carry out the terms of this Agreement.

10. Each person signing this Stipulation warrants and

represents that he or she possesses full authority to bind the

person[s] on whose behalf he or she is signing to the terms of

the Stipulation.

11. Each person signing this Stipulation warrants and

represents that no promises, inducements, or other agreements not

expressly contained herein have been made; that this Stipulation

contains the entire agreement between the parties; and that the

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terms of this Stipulation are contractual and not mere recitals. 

This Stipulation may not be altered, amended, modified, or

otherwise changed in any respect, except by a writing duly

executed by the party to be charged. All prior oral

understandings, agreements, and writings are superseded by this

Stipulation and are of no force or effect.

12. Each person executing this Stipulation represents that

he or she has read and understands its contents; that he or she

executes this Stipulation voluntarily; that he or she has not

been influenced by any person acting on behalf of any party.

13. The above-captioned action is hereby DISMISSED WITH

PREJUDICE in its entirety and, upon approval by the Court as

provided below, the Clerk of the Court is requested to enter this

dismissal and release in the official docket.

14. Notwithstanding the entry of a dismissal herein, the

parties hereby stipulate that Hon. Frank C. Damrell, Jr.,

District Judge, shall retain jurisdiction to enforce the terms of

this compromise settlement.

///

Date: 

LISA COFFRON

Plaintiff

Date: 

JULIE MUELLER

Plaintiff

Date: 

TIMOTHY W. PEMBERTON

Attorney for Plaintiffs

///

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McGREGOR W. SCOTT

United States Attorney

Date: 

By: DAVID T. SHELLEDY

Assistant U.S. Attorney

Attorney for the United States

ORDER

IT IS SO ORDERED.

Date: June 3, 2005 /s/ Frank C. Damrell Jr.

FRANK C. DAMRELL, JR.

District Judge

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