HomeMy WebLinkAboutContract 58656 CRY SECRETARY -
CONTRACT NO.
IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION
JACQUELINE CRAIG,INDIVIDUALLY §
AND ON BEHALF OF MINORS,J.H., §
K.H.,AND A.C.,AND BREA HYMOND, §
INDIVIDUALLY § CIVIL ACTION No.
Plaintiffs, §
V. §
§ 4:17-Cv-01020-P
CITY OF FORT WORTH,TEXAS, §
WILLIAM D.MARTIN,AND ITAMAR VARDI, §
Defendants. §
COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS
This Comp mmise Settlement Agreement and Release of All Claims("Agreement") is made
and delivered by and among JACQUELINE CRAIG, Individually and on behalf of minor, A.C.,
BREA HYMOND,JACQUES HYMOND AND K.HYMOND("Plaintiffs or Releasors'�and the
CITY OF FORT WORTH, TEXAS ("Released Parties', referred to herein collectively as the
`Tarties."
WHEREAS,on December 21,2016,Officer William Martin("Martin")was dispatched to
a residence in southwest Fort Worth on a disturbance call. Martin arrested Ms. Craig, K.H. and
Ms. Hymond, and used force against them during the course of the arrest (the "Occurrence%
and
WHEREAS, Plaintiffs filed a lawsuit against the City of Fort Worth and Martin currently
styled, Jacqueline Craig, Individually and on behalf of minors, J.H., K.H., and A.C., and Brea
Hymond,Individually v. City of Fort Worth, Texas, et al., Civil Action No. 4:14-CV-01020-P in
the United States District Court for the Northern District of Texas, Fort Worth Division (the
"Lawsuit', claiming damages arising from or related to the Occurrence, including damages for
claimed personal injuries;and
WHEREAS, all claims against Defendant Martin were dismissed either by the trial court
or on appeal to the Fifth Circuit Court of Appeals,and final judgment was rendered and all claims
were dismissed with prejudice on September 27,2022; and
WHEREAS,all claims against Defendant Itamar Vardi were severed into Cause No.4:19-
CV-067-A and dismissed; and
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Craig, et al, v. City Fort WortA et al.—Settlement and Release
CSC REC'D
DEC 22'22 Hm9:51
WHEREAS,J.H.was a minor when this lawsuit was filed,but reached the age of eighteen
(18) during the litigation; and
WHEREAS,K.H.was a minor when this lawsuit was filed,but reached the age of eighteen
(18)during this litigation; and
WHEREAS,A.C.is a minor, subject to approval by the Court presiding over the Lawsuit;
and
WHEREAS,Attorney, Jennifer Cole, has been appointed as Ad Litem for minor A.C. by
the Court to represent his interest in this litigation; and
WHEREAS, the Parties desire to settle all matters in controversy.
NOW, THEREFORE, in consideration of the recitals set forth above, the mutual promises
and agreements made herein,and other valuable consideration,the receipt and sufficiency of which
is acknowledged,the City and Plaintiffs agree that:
ARTICLE 1: Consideration
1.1 The Parties shall cooperate in executing and filing a Motion or Stipulation of Dismissal
With Prejudice of the City of Fort Worth and shall submit same to the Court for entry.
1.2 The City of Fort Worth shall pay to Plaintiffs the total present value of exactly One
Hundred and Filly Thousand Dollars($150,000.00)("Settlement Funds"). All Releasors and
their attorneys shall be paid out of the Settlement Funds. All costs of courts, expert fees, ad
litem fees, and all other expenses incurred by the Releasors, unless otherwise expressed
below, shall be paid out of the Settlement Funds. The City of Fort Worth agrees to pay the
Settlement Funds within 30 days of its receipt of a fully-executed copy of this Agreement.
1.3 Although A.C.'s claims have been dismissed,Jacqueline Craig has agreed to set aside a
portion of the Settlement Funds in a credit union for the benefit of A.C.
1.4 Releasors acknowledge that the allocation of the Settlement Funds among the Releasors
has been or will be determined by Releasors as they see fit, and as approved by the attorney ad
litem for A.C.and by the Court presiding over the Lawsuit,and that the Released Parties assumes
no responsibility or liability regarding the division or allocation of the Settlement Funds.
1.5 The consideration for this Agreement includes(a)the consideration recited in Article 1 of
this Agreement;(b)the releases granted in Article 2 of this Agreement;(c)dismissal with prejudice
of the Lawsuit;and(d)the other representations,warranties,promises,and agreements set forth in
this Agreement. The Parties acknowledge the receipt and sufficiency of the consideration for this
Agreement.
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Craig, et. al, v. City of Fort Worth, et al.—Settlement and Release
ARTICLE 2
Releases
2.1 Except for the obligations imposed on the Parties by this Agreement, Plaintiffs, on their
own behalf and on behalf of their agents, attorneys, successors, and assigns, and any person or
entity claiming by,through or under them, do hereby release,acquit and forever discharge the
City and each of its current or previous agents, employees, servants, representatives, attorneys,
insurers, reinsurers, subsidiaries, successors and assigns (collectively, the "Released Parties',
from and against any and all claims, demands, causes of action, liabilities and damages
(including but not limited to actual damages,exemplary and punitive damages,statutory damages,
penalties,attorney's fees,prejudgment and post judgment interest and expenses),of any and every
character, kind and nature whatsoever, at law or in equity, whether known or unknown, past,
present or future,accrued or unaccrued,contingent or fixed,whether based on the law of contract,
tort,or otherwise,whether under constitutional law, statutory law, or common law,whether state
or federal, including, but not limited to, claims for false or unlawful arrest, detention, or
imprisonment,excessive force,assault,battery,negligence,or wrongful or malicious prosecution,
arising out of, resulting from, based upon, or related in any way to any transaction or
interaction between the Parties prior to the execution of this Agreement,the Occurrence,the
subject matter of the lawsuit,or the actions of the Parties in the negotiation and execution of
this Agreement.The Released Parties described above includes Officer William Martin.
2.2 In consideration of the respective payment described above, Plaintiffs agree to indemnify
and forever hold harmless and defend the City of Fort Worth,and all agents,employees,including
William Martin, workers and representatives of the City of Fort Worth, and all others connected
with or in privity with the City of Fort Worth, its heirs, representatives, successors and assigns,
from any and all claims or causes of action, including any costs or expenses in connection
therewith,which may hereafter be brought by Plaintiffs, or by anyone on their behalf, arising out
of the above-described incident.
ARTICLE 3
Express Understandings and Acknowledgments
3.1 The Parties understand and acknowledge that this Agreement constitutes a FULL,
UNCONDITIONAL AND COMPLETE RELEASE and includes all claims against the Released
Parties,including,but not limited to claims for actual damages,compensatory damages,exemplary
damages, punitive damages, violations of any federal or state common law duty, statute, or
regulation,attorney's fees,interest,or any other cause of action that was or could have been brought
in the Lawsuit or otherwise relating to or arising from the Occurrence.
3.2 The Parties understand and acknowledge that upon execution of this Agreement there are
no further obligations or duties of any kind, express or implied, legal or equitable, owed by any
of the Parties to one another with regard to the subject matter of the Lawsuit,except as may be
expressly provided in this Agreement.
3.3 The Parties understand and acknowledge that by executing this Agreement,no party admits
any liability,such liability being specifically denied.The Parties understand and acknowledge that
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Craig, et al, v. City of Fort Worth, et al.—Settlement and Release
this Agreement is made as a compromise and shall never be used as evidence of liability or
wrongdoing of any of the Parties in any claim, cause of action or suit, except in a suit wherein a
breach of this Agreement is alleged.
3.4 Taxes. The Plaintiffs will report,as may be required by law,their respective payments and
receipt of the amounts described herein.Plaintiffs and their attorneys acknowledge and agree that:
(1) the City and its counsel have made no representations to Plaintiffs or their counsel regarding
the tax consequences of the payments made to them or to their attorneys under this Agreement;
and (2) Plaintiffs and their attorneys are ultimately responsible for determining the taxability of
any of the payments made to Plaintiffs and their attorneys in this Agreement,and for paying taxes
(federal, state, or otherwise), if any, which any taxing authority determines or claims are owed
with respect to such payments.
ARTICLE 4
Express Representations and Warranties
Plaintiffs represent and warrant as follows:
4.1 All expenses of any and every nature and character whatsoever incurred by Plaintiffs
arising from the Occurrence or in connection with the Lawsuit have been or will hereafter be
paid in full by Plaintiffs, including, but not limited to, any and all claims of providers of
medical and related services, Medicare and/or Medicaid, insurers, attorneys, governmental
agencies or others who may claim a lien,subrogation, or other rights with respect to or related
to the Occurrence described above and any injuries or damages incurred or sustained as a
result of it.
4.2 To Plaintiffs' knowledge,no insurance,hospital, Social Security,Medicare,Medicaid,
child support, or liens exist or will give rise to any claim against the Released Parties.
4.3 Plaintiffs have not assigned, pledged or otherwise in any manner whatsoever sold or
transferred,either by instrument in writing or otherwise,any right,title,interest or claim that
he has or may have by reason of the Occurrence or any matters arising out of or related
thereto.
4A Before executing this Agreement, Plaintiffs have fully informed themselves of its
terms, contents, conditions and effect, and no promise or representation of any kind has been
made to them by the Released Parties or by anyone acting for them, except as is expressly
stated in this Agreement.
4.5 Plaintiffs have relied solely and completely upon their own judgment and the advice
of their counsel in malting this settlement, and Plaintiffs fully understand that this is a full,
complete and final release,and that the aforementioned$150,000.00 is all the money that is to
be paid by the Released Parties to them as a result of the Occurrence which underlies the
released claims,and that Plaintiffs will have no further rights to appeal.
4.6 Plaintiffs acknowledge that they are not relying upon the advice of the Released Parties
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Craig, et. al, v. City of Fort Worth, et al.—Settlement and Release
or the Released Parties' counsel or representatives as to the legal and tax consequences of this
Agreement.
4.7 Plaintiffs acknowledges that each of the above warranties and representations is a
material and inducing condition precedent to the funding of the consideration for this
Agreement.
ARTICLE 5
Dismissal of Suit
5. Plaintiffs agree to dismiss the cause of action in the above-entitled and numbered matter,
with prejudice,and hereby authorizes and directs their attorney, S. Lee Merritt,of the Merritt Law
Firm, LLC to prepare and file the appropriate joint motion or stipulation of dismissal with
prejudice in the Lawsuit. The motion or stipulation shall provide that the matter is dismissed
with prejudice to the right of any party to re-file same, and that all costs are assessed against
the party incurring same. In this connection,Plaintiffs and their attorneys agree to expeditiously
provide any information the Court may require, and/or to attend any hearings the Court may
require,in connection with the dismissal of said lawsuit.
ARTICLE 6
Miscellaneous
6.1 It is understood and agreed that this Agreement shall be governed by and construed
and enforced in accordance with, and subject to, the laws of the State of Texas,to the extent
not preempted by federal law
6.2 This Agreement and the rights and obligations included in this Agreement shall inure
to the benefit of and be binding upon each party to this Agreement and their respective
successors and assigns.
6.3If any provision or term of this Agreement shall for any reason be held to be
unenforceable or invalid,the remainder of the Agreement shall not be affected.
6.4 This Agreement constitutes the entire agreement between the Parties and supersedes
all prior oral and written understandings and agreements between the Parties or any of them
with respect to the subject matter of this Agreement No oral understandings, statements,
promises, or inducements contrary to the terms of this Agreement exist. The provisions of this
Agreement shall not be waived, modified or amended except by subsequent writing signed
by all Parties.
6.5 This Compromise Settlement Agreement and Release of All Claims may be executed in a
number of identical counterparts,each of which shall be deemed an original for all purposes.
6.6 This Agreement is the product of arm's-length negotiations between the Parties, and no
Party shall be deemed to be the drafter of any provision or the entire Agreement. The wording in
this Agreement was reviewed and accepted by all Parties after reasonable time to review with legal
counsel, and no Party shall be entitled to have any wording of this Agreement construed against
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Craig, et. al, v. City of Fort Worth, et al. —Settlement and Release
the other Party as the drafter of the Agreement in the event of any dispute in connection with this
Agreement.
This agreement should be effective as of the date the last party signature is affixed hereto
as indicated by the dates set forth below.
{SIGNATURE PAGES FOLLOW}
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Craig, et. al, v. City of Fort Worth, et al.—Settlement and Release
UT
JA CRAIG,INDIVIP ALLY
A EHALF OF MINOR,A.C.,PLAINTIFF
Date: } -
STATE OF TEXAS §
COUNTY OF
BEFORE ME, the undersigned authority, on this day personally appeared
JACQUELINE CRAIG, known to me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that she executed the same as her free act and
deed for purposes and consideration therein expressed
GIVEN UNDER MY HAND AND SEAL OF OFFICE this j Q' '' day of
she cam
SUSAN MITCHELL
a� zNotary Public,State of Texe Y V
Comm.Expires 03 Public in and for the State of_ "
Notary ID 3252
JACQtW MMOND,J H.,PLAINTIFF
Date: l Z e) j z0z"Z
STATE OF TEXAS §
COUNTY OF IcyLkw—t_
BEFORE ME, the undersigned authority, on this day personally appeared JACQUES
HYMOND, known to me to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that she executed the same as her free act and deed for
purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 17 6*, day of
pc.�a.,..r.
SUSAN MITCHELL
Notary Public,State of Texas
•+� Comm.Expires 03-3
Public in and for the State of r
Notary ID 3252 41
Page 7 of 10
Crdg,et. a4 v. City ofFort Worth,et aL—Settlement and Release
K HYMOND,KH.,PLArfrf"
STATE OF TEXAS § Z�i g I Z.b ZZ
COUNTY OF !�
BEFORE ME, the undersigned authority, on this day personally appeared
Y, HYMOND, known to me to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that she executed the same as her free act and deed for
purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
SUSAN MITCHELL
Notary Public,State of Taxa
=. +�= Comm.Expires 20
+� Notary ID 3 ry blic in and for State of n �l c• s
BKKA HYMOIN'D,PLAEqMtFF
Date:
STATE OF TEXAS §
COUNTY OF (Oit 10%*§
BEFORE ME, the undersigned authority, on this day personally appeared BREA
HYMOND, known to me to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that she executed the same as her free act and deed for
purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this ZOO day of
2022.
SUSAN MITCHELLj�-
.'�' " Notary Public,Stat lic in and for the State of t
i=• `rZ Comm.Expires 0 �
Notary ID 3252241
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Craig,et. al,v City of Fort Worth, et al.—Settlement and Release
ATTORNEY ACKNOWLEDGMENT
The undersigned counsel for Plaintiffs acknowledges that this Agreement was read by
Jacqueline Craig, Jacques Hymond, K. Hymond, and Brea Hymond before it was executed by
them. The undersigned attorney, by his signature below, acknowledges that this settlement to
include and satisfy any and all interests he or his law firm have or may have in this matter.
Date: 2' zaZ
S.Lee Merritt
Merritt Law Firm,LLC
1910 Pacific Avenue,Suite 8500
Dallas,Texas 75201
(888)647-3041
(888)339-2050 Fax
sImAmerrittatlaw.com
Attorney for Plaintiffs
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Craig,et.al, v. City of Fort Worth, et al.—Settlement and Release
CITY OF FORT WORTH:
APPROVED:
� C Date: /Z�z��Zo 22
Assistant City Manager
CITY OF FORT WORTH
APPROVED AS TO LEGALITY AND FORM:
�''') �� 2•
}
Date: '-
L 'tia Cole an rown . -,
Deputy City Attorney ��'• ;
V:,Alt�' r
:»ld P. Gon7aies,Asst. Secretary
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Craig et. al, v. City of Fort Worth, et al.-Settlement and Release