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Yamarick Settlement Agreement - Signed by Plaintiff
Yamarick Settlement Agreement - Signed by Plaintiff
This Settlement Agreement and Release (hereinafter the "Agreement") is made and entered
into by and between Warren Yamarick, (hereinafter "Yamarick"), Liberty Township of Delaware
County, Melanie Leneghan, and Michael Gemperline (hereinafter collectively "the Township").
Collectively, Yamarick and the Township will be referred to hereinafter as the "Parties."
WHEREAS, Yamarick filed a lawsuit against Melanie Leneghan and Michael Gemperline
in their individual capacities and in their official capacities as trustees of the Liberty Township
Board of Trustees, which is captioned as Warren Yamarick vs. Melanie Leneghan, et al., United
States District Court for the Southern District of Ohio Case No. 2:19-cv-00193 (the "Lawsuit");
and
WHEREAS, the Parties now desire to end, release, and fully and finally resolve and settle
all matters between them arising from or in any way related to the events, actions or claims
alleged in or related to the Lawsuit (the "Claims"); and
WHEREAS, this Agreement is the product of discussions between Yamarick and the
Township, and Yamarick has been afforded an adequate opportunity to read and consider the terms
of this Agreement and to consult with an attorney of his choosing;
THEREFORE, the Parties, for the good and valuable consideration stated below, the
sufficiency of which is acknowledged, agree as follows:
2. Withdrawal of any pending actions. Yamarick agrees to dismiss, with prejudice, all
currently pending actions against the Township including the Lawsuit. Relatedly, the Parties agree
to enter a joint dismissal of the appeal, with prejudice, of the Lawsuit pending before the Sixth
Circuit Court of Appeals (Case No. No. 20-4255). Yamarick further represents that he knows of
no other actions at law or in equity before a court or arbitral tribunal, nor of any administrative
proceedings or complaints, currently pending and filed by him or his attorney or agents that relate
to the Lawsuit or the Claims. If any such actions, complaints, or proceedings are currently pending,
then Yamarick agrees to dismiss them, with prejudice.
3. Yamarick: Release in Full of the Claims. Yamarick does hereby release and forever
discharge the "Township, including any of the Township's affiliated agencies, departments, or
organizations and any and all of its past, present and future Mayors, Trustees, officers, directors,
agents, employees, insurers or public pools including the Public Entity Risk Services of Ohio
("PERSO"); The Ohio Township Association Risk Management Authority ("OTARMA") and
Sedgwick Claims Management Services, Inc. and its affiliates; and each of their parent companies,
holding companies, as well as all of their employees, agents, members, officer, directors, insurers,
reinsurers, parents, affiliates, shareholders, predecessors, successors and/or assigns, and attorneys
(the "Beneficiaries' ) from any and all causes of action, claims and demands whatsoever in law or
equity, whether known or unknown, arising out of or related to the Claims, the Lawsuit and/or the
allegations thereof.
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4. Knowing and Voluntary Act. Yamarick acknowledges and agrees that the release set forth
above is a general release. Yamarick, having been encouraged to and having had the
opportunity to be advised by counsel, expressly waives all claims for damages which exist as
of this date arising out of or related to the Claims or the Lawsuit, but of which Yamarick does
not now know or suspect to exist, whether through ignorance, oversight, error, negligence, or
otherwise, and which, if known would materially affect Yamarick's decision to enter into this
Agreement. Yamarick further agrees that he accepts the Settlement Amount as a complete
compromise of matters involving disputed issues of law and fact and assumes the risk that the
facts and law may be other than Yamarick believes. Yamarick further acknowledges and
agrees that all the terms of this Agreement shall be in all respects effective and not subject to
termination or rescission by reason of any such differences in the facts or law, and that
Yamarick provides this release voluntarily and with full knowledge and understanding of the
terms hereof.
6. Governing Law. This Agreement shall be governed by and interpreted in accordance with the
laws of the State of Ohio.
7. No Waiver of Terms. Failure to insist upon strict compliance with any of the terms, covenants,
or conditions of this Agreement shall not be deemed a waiver of any such term, covenant, or
condition, nor shall any failure at any one time or more times be deemed a waiver or
relinquishment at any other time or times of any right under the terms, covenants, or conditions
hereof.
9. Entire Agreement. This Agreement sets forth the entire Agreement between the Parties and
supersedes and replaces any and all prior or contemporaneous representations or agreements,
whether oral or written, relating to the subject matter herein.
1 0. Execution. This Agreement may be executed in one or more counterparts, each of which shall
constitute an original, and all of which shall constitute a single memorandum.
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NECESSARY CONCERNING THIS AGREEMENT, AND THAT HE HAS CHOSEN TO
ENTER INTO THIS AGREEMENT FREELY, KNOWINGLY, AND VOLUNTARILY.
Dated: /qV
Y>i a ii
Warren Y.
Dated:
For the Township
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