Loading...
HomeMy WebLinkAboutSiderakis, Isabel 2025-01-25COU No. 2425-162 3. Settlement Terms: 3.1 This settlement is a compromise of disputed claims and is not an admission by any party of any liability. The City, UPD, and Murray deny any wrongdoing of any kind and enter into this Agreement to avoid the costs of litigation. 3.2 The City shall pay a total of one million seven hundred and fifty thousand dollars and no cents($1,750,000.00)to Siderakis for alleged physical injury and sickness in full, final, and complete settlement of all claims arising through the date of execution of this Agreement, including but not limited to those arising from or relating to the Dispute. 3.3 Payment shall be made as follows: A single check shall be made payable to "McNicholas & McNicholas Client Trust Account" in the amount of$1,750,000.00. 3.4 Payments shall be made within 60 days of the later of receipt of a signed I.R.S. Form W-9 from Siderakis's Counsel, the disclosure of social security number and date of birth of Siderakis, all necessary Board approvals as referenced in Par. 3.5 below, and execution of this Agreement by Siderakis and her counsel as indicated below. 3.5 It is understood that this settlement is subject to approval by the CJPRMA Board on December 12, 2024, and by the City Council on December 18, 2024. It is understood that once Plaintiff signs this settlement, it will immediately be binding as to her. 3.6 In exchange for the payment set forth in Section 3.2, Siderakis hereby releases and forever discharges the City, UPD, and Murray, and each of their agents, attorneys, current and former employees, officers, directors, City Council members, auxiliary organizations, insurers, representatives and all persons acting by, through, under or in concert with any of them (collectively referred to as "the City Released Parties") from any and all manner of claims, actions, obligations, attorneys' fees, damages or liabilities of any kind whatsoever, whether known or unknown, fixed or contingent,which plaintiff may have or claim against the City Released Parties relating in any way to Siderakis's employment with the City and/or arising throughout Siderakis's employment with the City, through the date this Agreement is fully executed, and whether known to Siderakis or not, including but not limited to any and all claims for discrimination, harassment, retaliation, failure to prevent discrimination, harassment and/or retaliation, any of the causes of action recited in the Complaint, through the date this Agreement is fully executed, including, and without limiting the generality of the foregoing, knowingly and voluntarily waiving and releasing any and all claims and rights she may have related in any way to her employment with the City and the Dispute. Siderakis further affirms she has no claim or claims against the City Released Parties pending in any forum, including any California State Court, any federal Court or administrative forum or agency. 3.7 Siderakis acknowledges the provisions of California Civil Code section 1542, which she expressly waives. That statute states: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have Page 2 of 6 Siderakis-Settlement Agreement and Release.v2.docx materially affected his or her settlement with the debtor or released party. Initial: Is Isabel Siderakis 3.8 Siderakis acknowledges that she has been represented by counsel and that she has read and understands the content of this Settlement Agreement and General Release and has voluntarily entered into it. 3.9 Siderakis represents and warrants that there are no liens or claims of lien or assignments in law or equity that are not being satisfied and extinguished simultaneously with delivery of the Payment described in paragraph 3.2 above. Siderakis further represents and warrants that Siderakis is fully entitled to give her complete release and discharge. Siderakis acknowledges that all subrogation and lien claims arising out of contract or under state or federal law, including, but not limited to, any subrogation and lien claims of Siderakis's health care providers, insurance carriers, or any federal agency or program such as Medicare, Medical, or Social Security, are the sole and separate obligation of Siderakis, which Siderakis agrees to pay or otherwise resolve. Siderakis further agrees to defend and to indemnify and save harmless the City and Murray from and against Siderakis such lien subrogation claims brought against it. 3.10 Siderakis agrees that neither she nor her attorneys have relied on any representations as to the tax consequences of this Settlement Agreement and General Release. Siderakis further agrees that if any taxing authority determines that any part of the settlement is taxable, Siderakis will be solely responsible for all such taxes, and that Siderakis shall indemnify and hold harmless the City, UPD, and Murray from liability to any tax authority, and from any claims made in any administrative or judicial action to collect taxes from the City,UPD, or Murray. 3.11 In reaching a settlement of the claims resulting in the execution of this Agreement, the Parties have considered and sought to protect the interests of the Centers for Medicare and Medicaid Services("CMS"),the federal agency that runs Medicare. Siderakis warrants that she is not Medicare eligible and is not a Medicare recipient pursuant to 42 U.S.C. 1395c and will not become Medicare eligible within thirty months from the date this Agreement is executed. Siderakis agrees to defend, indemnify, and hold harmless the City, UPD, and Murray against any and all claims arising out of or related to the terms of this paragraph, including without limitation, any claims by CMS. It is expressly understood and acknowledged by Siderakis that by entering into this agreement, the City Released Parties do not intend to shift responsibility to the Medicare Trust Fund for medical items or services which may be related to the subject liability claim. Siderakis understands and acknowledges it is her responsibility to pay for any necessary future medical treatment that may be related to the subject liability claim out of the proceeds of the settlement. Absent further guidance by CMS, through regulations, rules, or memoranda, no legal basis remains to withhold the lump sum distribution and the City Released Parties have completed the obligation to Page 3 of 6 Siderakis-Settlement Agreement and Release.v2.docx consider Medicare's interest with this payment that forecloses any reimbursement claim(s) for items and services related to the claim made after the date of this agreement. 3.12 Siderakis further acknowledges the City Released Parties are obligated to report the settlement information to the Medicare BCRC in compliance with reporting requirements under Section I I I of the Medicare,Medicaid, and SCHIP Extension Act of 2007. Releasor acknowledges and understands that the City Released Parties have no control over how, or in what manner,Medicare will use such information and therefore cannot,will not and does not offer any representations, opinions, statements, warranties (implied or express), or comments on the impact this information will have on their future Medicare benefits as a result of entering in to this agreement, and therefore, Siderakis freely enters into this agreement without any inducement whatsoever. For purposes of 42 U.S.C. §1395y(b)(8) (Medicare Secondary Payer Reporting),the Parties agree that the Total Payment Obligation to Claimant (TPOC) date shall be the date this release agreement is signed, and the TPOC Amount shall be the Settlement Amount. Further,the injuries alleged, claimed and or released shall be reported as identified in section 3.2 of this agreement. 3.13 Siderakis represents that she has not heretofore assigned or transferred, nor purported to assign or transfer, to any person or entity any claim or any portion thereof or any interest therein that is subject to the release provisions of this Agreement. 3.14 This Settlement Agreement and General Release shall be interpreted under the laws of the State of California. 3.15 Should any provision of this Agreement be declared or determined by any court to be illegal or invalid, the validity of the remaining parts, terms, or provisions shall not be affected thereby and said illegal or invalid part, term, or provision shall be deemed not to be a part of this Agreement. 3.16 The Parties declare and represent that no promise, inducement or agreement not discussed in this Agreement has been made between them, and that this Agreement constitutes the entire understanding and agreement of the Parties and supersedes all prior or contemporaneous agreements or understandings. Modifications and/or amendments to this Agreement must be in writing signed by all Parties. 3.17 This Agreement shall be binding upon each Party to it and upon each of such Party's heirs, administrators,representatives, insurers, executors, successors, and assigns, and shall inure to the benefit of each other Party and of Releasees and each of them, and to their heirs, administrators, representatives, insurers, executors, successors, and assigns. 3.18 This Settlement Agreement and General Release may be executed in counterparts, each considered an original, and all of which together are considered one instrument. This Settlement Agreement and General Release may also be executed via facsimile and/or by emailed "PDF" files. Further, this Settlement Agreement and General Release may be signed by means of formal secure digital signature contract execution, such as by DocuSign or Adobe eSignature, by a duly authorized representative of each of the parties. Page 4 of 6 Siderakis-Settlement Agreement and Release.v2.docx 3.19 The Parties shall be responsible for their own attorney's fees, expenses and costs incurred in connection with this matter. 3.20 The Parties agree the Mendocino Superior Court, shall continue to have continuing jurisdiction over the case of Siderakis v. City of Ukiah et. aL, Mendocino County Superior Court Case No. 21CV00603, to enforce the terms of this Settlement Agreement pursuant to Code of Civil Procedure section 664.6 and that the parties and/or their respective counsel shall cooperate in the execution of all documents necessary to ensure the Court retains such jurisdiction after dismissal of the case, including but not limited to the execution of a written stipulation retaining jurisdiction to enforce this settlement prior to any request for dismissal being filed. In the event of a breach of any term of this Agreement, and/or it is necessary to enforce the provisions of this Agreement,the prevailing party shall be entitled to an award of its reasonable attorney's fees and costs as determined by the court pursuant to applicable law governing this case. 3.21 Within 14 calendar days of Siderakis's Counsel receiving full payment of the settlement sum required in Section 3.3 above, Siderakis shall deliver to counsel for the City of Ukiah, UPD, and Murray an executed Request for Dismissal with prejudice of all claims she may have against them in Mendocino County Superior Court Case No. 21 CV00603. PLEASE READ CAREFULLY. THIS SETTLEMENT AGREEMENT AND RELEASE INCLUDES A RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS. YOU GIVE UP ANY RIGHT TO SUE FOR ANY REASON, EVEN REASONS YOU DO NOT KNOW ABOUT, BY SIGNING THIS AGREEMENT. Dated: 12/19/24 ,� Isabel Siderakis(Dec 19,2DM 1—PST) Isabel Siderakis, Plaintiff Dated: 01 /06/2025 Sage Sangiacomo, City Manager, City of Ukiah, Defendant Page 5 of 6 Siderakis-Settlement Agreement and Release.v2.docx Page 6 of 6 Siderakis- Settlement Agreement and Release.v2.docx Dated: Kevin Murray, Defendant Approved as to Form Only. McNicholas & McNicholas, LLP Dated: MatthewS. McNicholas Jason L. Oliver Attorneys for Plaintiff Isabel Siderakis Bertrand Fox Elliot Osman + Wenzel Dated: Ethan M. Lowry Jessica D. Adair Attorneys for Defendant, City of Ukiah Angelo, Kilday, & Kilduff, LLP Dated: Serena Warner Attorney for Defendant, Kevin Murray January 8, 2025 Dated: Kevin Murray, Defendant Approved as to Form Only. McNicholas&McNicholas, LLP Dated: December 19. 2024 2ewS. McNicholas h Kason L. Oliver Attorneys for Plaintiff Isabel Siderakis Bertrand Fox Elliot Osman+Wenzel Dated: Ethan M.Lowry Jessica D. Adair Attorneys for Defendant,City of Ukiah Angelo, Kilday, & Kilduff, LLP Dated: Serena Warner Attorney for Defendant, Kevin Murray Page 6 of 6 Siderakis-Settlement Agreement and Release.v2.docx