Table Of ContentSETTLEMENT AGREEMENT AND RELEASE
‘This Settlement Agreement and Release (the “Agreement”) is entered into as of .
November 3, 2018, by and between Jessie Hotta pf FMM he “Paint, and State
of New Hampshire, Department of Health and Human Services, Richard Gilbert, and Shane
‘Arsenault the “Defendants"). The Plains or the Defendants may be refered to herein as
“Party,” and collectively asthe Parties")
WHEREAS, Plaintiff fled a complaint against the Defendants inthe action pending in
the United States Distiet Court for the District of New Hampshire, styled as JL p//fof ER. v.
State of New Hampshire, Richard Gilbert, And Shane Arsenault, No. 17-00580-PB (D.N.H.
2017) (ihe “Action”, asserting a violation of EAMG cighs violation ofthe —
Americans with Disabilities AeURehabiltation Act, and “supplemental state law claims against
liber and Arsenault.”
WHEREAS, on of about January 11,2018, the Defendants filed an answer tothe
‘complaint inthe Action and asserted affirmative defenses;
WHEREAS, the Defendants have denied and disputed, and continve to deny and dispute,
any allegations of wrongdoing, damages or lisiliy in the Action;
WHEREAS, the Parties participated ina mediation session and, with the assistance of
the mediator, reached the settlement that isthe subject ofthis Agreement;
WHEREAS, without conceding the merit or lack of mei of any claim or defense or the
existence of any liability whatsoever, the Parties wish o sete, compromise, and finally and
forever resolve all matters, controversies, disputes, and claims that may exist between Pais
and the Defendants relating to the subject matter ofthe Action, or the allegations therein,
including the released claims desribed herein, or any claims that could have been brought based
on the subjet mater of the Acton.
NOW, THEREFORE, in consideration ofthe mutual covenants and promises set forth
inthis Agreement, and for other good and valuable consideration, the adequacy and sufisiency
of which are hereby acknowledged, the Parties agree a Follows:
1, SETTLEMENT AMOUNT. In consideration ofthe release and dismissal ofthe
Plant's claims against the Defendants asst forth herein the Stat shall make or cause to be
mode aonetin,lumpsum pment off 5S, 204, 00 (he “Sayin: Amu”, payable to
Hiker, egpltin, Slash + Simoneau, BA, Coan) om Tese MMPas phlk
2, DISMISSAL OF THE ACTION. Within three (3) business days after the
receipt ofthe payment by the Defendants ofthe Settlement Amount, Plaintiff will ile inthe
United States District Court for the District of New Hampshire, neither party docket markings
dismissing the Action with prejudice and without an award of fees, costs or expenses to any
Patty.
3. GENERAL RELEASE OF ALL CLAIMS,
(8) Plaintiff on his or her own behalf, and on behalf of his or her heirs,
‘executors, administrators, successors, and assigns (the “Releasors”), hereby knowingly, S
voluntarily, fully, finally, and forever releases, relinquishes, settles, and discharges the
Defendants, including any and all present or former employees, agents, representatives, servants,
volunteers, independent contractors, officers, officials, directors, attorneys, insures, indemnities,
‘successors, and assigns of the State of New Hampshire, in their individual, business, and ofc
capacities (the “State Released Parties") of and from any and all laims, allegations, rights,
covenants, causes of action, duties, obligations, demands, actions, debts, sums of money, suits,
charges, wontrau's. agreements, promises. judgments, verdicts, costs, damrayes {ireluding, but aot
limited to, compensatory, enhanced crmpensury, sod punitive damages}, and “abilities 0
every namure, descuiption, and kx, wether knosen ar Unknown (as defined belo, wloether
arising under Rodexe. sare. oc? stator, eanmeruat ye, ar any other donsestic or foreign laws.
rule, or regulation, chat cancec, aise ont of, vfer. or1sale im any way to, or are bused upen ang
oF Facalleyations, evemts, incident, cts, mates, orscinioer matters, CUTER,
ropzesenterions, statements, or omissions alee, involvee, sat forth, or referred to may
‘comapleint fod -n sho Astien (the “Bs! lat the Released Claims shall not
se Chis)
inclu caine enforce this Agreemert. Petit iepeesens and wozrams 9 the Dotenden!s
that sho ns the righnd suthority Ls release, rlingush, sete und discharge the Released
inion ce oehalf ofthe Roleasors
(@) Paint understands ao atts thatthe scleass contormplacd by ths
Agreement extends i claims thal Phun does a0 kesrx of susest Us exist ab the tise of this
rclono, which, ifaw, scight have acted the dsson lo efor no he release ("Linke
claim
4. ARSPONSIEILDT'Y AND INDEMNIFICATION WITH RESPECT TO
LIENS AND OTHER CLAIMS, leintffackaovledgs and agrees tha sh is response or
son and 2.1 bills liens statomicnts, cehts of subrogation, oe rcimbuesceent for serviees rondored
or payrmar
boy amy third party to cither Pla nif, *neleal'ng nub Srniled wi Tegal,
insacaacs providers, hospitals, medica’ and bwalth care presides, Medicaid, Medicare,
‘unemployment sompensition, srkers? usmensation, or any other Services oe payments, shi
exist ry exis, or in the Eature rauy exis as nesull of The Releused Clgims. the event Pat
sy such thivd purty sssors any claim against way State Released Pory for oucatending hills,
Tens, statements, rights of subragatian, or reimbursement tor serviees vendoted ot payments
‘made to vider PlaintifPby suc chird party, as «result of the Released Claims, ren Plaintift
agree to indermify, clefend, and hold hurmless any State Released Pat for aay such clams,
The Detenants ropreseit baat wo Medica
jo exists. and if one dacs exist she Slats kerehy
vwsives sid len
5. RESPONSIBILITY AND LNDEMNIEICS
TION WITH RESPECT TO TAX
TREATMENT, Plains acknowlenges ans agices that suoulé -he consideration sel “wil
ahwive, ir uny part Unereot,e subject teary taxes, penalties, or interest, Plant shall be saicly
reaponstale for tho pxyment of all suck laxes, poetics, or fnterest, Plan Fether age
‘lly faclemeity and defend the State Released Parti from any slairas of amy nature seekiry
recovery olany such taxes, petllies, ine
Dlaintfffurber apeces chat she will not assert,
File, or maice any elas ayes the Slate Ree
Pune foray suv tones, yenalces, of
invevest of fox any vosts, fees. or axzenses that ke wu she may “ncur in conacetion with any
isputes with the Internal Revenue Service undlur say olher tux authority
6. NO ADMISSION OF WRONGDOING. orhiny in this Agzeesrenl er ie
fumishing of the consideration for this Ageeement shall be const-ued 15 an adiission by the
DDetendants af any ability or uelawtl conduet
intsaever, Plaintiff acknawledges that the
Defendants ‘ave consistently den
tnd eomtinue to deny, any
ations of wrangsoing. This
Agreement isnot intended to be used and shall nor ko used 8
e or zor acy other purpese
in any exher action o¢ pa
semen.
eveding thes thar to enforce the terns a this A
7. DISCLOSURE. 2IaintifT acknowledges tat this Agroemten: is spbjoe: to NH.
Rew, Stat, Ain $507.07 and NM. Rov. Stat Aun, £91-A:41 V0. ard may’ be ele available ws
imattor of public tecotd ie accordance therewith,
K ATTORNEY
S" FEES AND EXPENSES, The Prrvies agree tha: the SetDenesr
Amount constitutes tho emie payment le be made in seltlemnent uf Painttf's clans against che
Defendants inthe Actioe.” No Panty’ shal sees ca -ecever any additional armours Fam any her
Party, including for rhe atiomeys" fees, cosls, an expenses in soresction with all matters
related cathe Action and its settlement.
5, CONSTRUCTION. tn executing this Agreoment, Planti! acknowledges that
thig Agreemeor is the zesut of ne henwven Paictit
sitions in good faith av al aes le
4nd the Defendants. Pla‘mtiff turer acknowledges that she has executed this Agreerment
Inowinyly, voluntnsly, and withuut undae inlmee or duress. According
the terms,
provisions andl eandiioms of this Azrecrvon! shall be terpre‘el nd wenseust in accondanee
vwita eis nocal and castomary meat.ngs,withovt appcation of any vals of inlepretaen or
soostuctinn pvidieg that ambigcous ot coaflsting terms, conditions, or provisions shalt 2¢
irverpreved ngeinst the Party whose legal couisel prepired ike exeu teal vers or any prior
rats of tho agreement
1G, ENTIRE AGREEMENT. The Piste
sanawlecge auc apeee that this
Agreement cansttutes thy fll nd cemp'ele agreement hetween ancl annong.the Parties with
respect tothe matters encompas
sed herein and supersedes all provious agreemouts. proucises,
proposals, eepresentutivns uralertundings, and negotiations, whelher writen or ocul, hetween
and among the Parkes respecting, the ters encampasscl herein,
11, AUTHORITY, Plairtif represorts and warsants that (2) she bas hs
and exclusive autbority.to execute this Agreement. ari 1b) she hue cpt sod, assigned,
tsunsferred, ir lherine enn ands, actions, suits, debts, causes of
ed any of The claims,
action, or Tnhil.tins referad tain tvs Agroernout Maimidf'aecaow/eelges that che has eateflly
reall this Ayreemen, knows and undescands hs co:
cals hd te eppariaity ty esl
‘wth counse, of or choice eancersing the Ioge] consequsnec ofthis Agreement, Male signs
this Agesment volunialy and fey, without duress and as his orler ow free ae. No romnise
co ndusenens thet fs uot expuessed in his Agreervent as been made to Prul® Me.nifeas
nol rein unin the advice or representations of the Detordants or any representative herepri
cxcenting his Agrezment
32. BINDING AGREE
ENT, This Agreement is hinding upon aad inwves to the
Frenefil of the Purtios, sheirs.weessars, and assigns. Ezch person sigaing this Agfoement or any
pertion hetoof on behal? of any Penty hereby warrants und represerts that Such pe
wi expres
has boon author zed to execut>
his Agreement on behal” of such Panty se Anum leyally
Finding on such Parly, und that such person has all suthority 0 take all sach reasonable,
nnocessary, and epproprisie aesions that may be toyuired ar permitted ly be taken 9.cs. ant t0 te
Agoomeat to effoeteats its towns.
13. MODIFICATION. This Agreemen.shull not be altered, amended, modified o1
roseinded except by am isteuiient in rising signed ay eau oC the Parties, er€ specifically
refer
ng this Agieemert
14. SIGNATURES IN COUNTERPART. This Agreemen: may be executed
simultaneously in coasts, cach oF which shal” be deemed to he nr original, bul all I yhiel
shall constitute one ané the same instrumen:. Signatures by facsimile or othr els
sonic tusging
shall he
sed én cist luleciyinal siymaunres
[. GOPERNING LAWENLISDICTION, This Augsoment, and any dignrss
spate thereto, shall be govered by the law af the State of Now Haropsbiie, and dhe Pasties
expressly submit any claim arising therefrom tothe exclusive jurisdition ofthe Superior Court
‘ofthe State of New Hampshire
16. HEADINGS. The headings herein are incnded forthe purpose of convenience
only and are not meant have legal effect. Words used herein, regardless ofthe number and
gender specifically used, shall be deemed and construed to include any other number, singular or
plural, and any other gender, masculine, feminine, or neuter, as the context indicates is
appropriate
ACCEPTED AND AGREED:
State of New Hampshire, Department of Health and Human Services, Richard Gilibert,
‘and Shane Arsenault
‘The Office of the Attorney General, pursuant to N.H, Rev. Stat. Ann, § 99-D:2
wy A ae WLLL
Francis Fredericks
