Yamarick Settlement Agreement - Signed by Plaintiff

SETTLEMENT AGREEMENT AND RELEASE
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:
1. Settlement Amount. In consideration of the promises made by Yamarick as set

forth below, the Township shall pay Yamarick a portion of Yamarick's attorney's fees, but no
other damages, in the amount of Ninety-Nine Thousand Dollars ($99,000.00) (the "Settlement
Amount") as follows:
a. "4 Within seven (7) days of execution of this Agreement by Yamarick, on

Yamarick's request, the Township shall deliver a check made payable to his counsel,
"Cooper & Elliott, LLC." in the gross amount of Ninety-Nine Thousand Dollars
($99,000.00), which shall be reflected on an IRS Form 1099 issued to Cooper & Elliott,
LLC.
b. Yamarick agrees to defend, indemnify, and hold the Township harmless

from any taxes, penalties, interest, and/or fines assessed by any taxing authority against the
Township as a result of the payments of the Settlement Amount to him as set forth above.
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.
a. Release of Employment Termination Claims: As it pertains to Yamarick's

non-reappointment with the Township as its medical director in or around January of 2019,
Yamarick does hereby release and forever discharge the Beneficiaries from all claims
including but expressly not limited to claims arising under the Fair Labor Standards Act
("FLSA"), Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act of
1990 ("ADA"), the Family and Medical Leave Act ("FMLA") or similar state law, the
Employee Retirement Income Security Act ("ERISA"), the Genetic Information
Nondiscrimination Act ("GINA"), Ohio's anti-discrimination or wage-hour laws, any and all
common law causes of action, and any other federal and state civil rights laws or laws relating
to employment or public employees.
b. OWBPA Release: Yamarick specifically acknowledges and understands that

this Agreement is intended to release and discharge any claims he may have under the Age
Discrimination in Employment Act, as amended by the Older Workers Benefit Protection Act.
Accordingly, Yamarick agrees that he has twenty-one (21) days from the date of receipt to sign
the Agreement. Yamarick understands and is advised that he should discuss any concerns he
may have with his attorney before executing this Agreement. After Yamarick signs this
Agreement, he has seven (7) days from that date in which he may change his mind and rescind
this Agreement. Yamarick agrees that he must clearly communicate any decision to rescind in
writing within the seven (7) day period to Patrick Kasson, Reminger Co. LPA, 200 Civic Center
Drive, Suite 800, Columbus, Ohio 43215. This Agreement will be effective and enforceable
once the revocation period has expired, provided that during such time Yamarick does not
revoke his acceptance (the "Effective Date"). If Yamarick revokes/rescinds any part of the
Agreement, all of the Township's obligations under this Agreement will be null and void at the
Township's option.
c. Global Release of all claims against Leneghan and Gemnerline: As it pertains

to any claims against Leneghan and/or Gemperline (either in their official or individual
capacities) Yamarick specifically and without limitation includes, to the fullest extent
permitted by law, a release of any claims for violation of due process, employment
discrimination, wrongful discharge, breach of contract, physical or emotional injury, or
promissory estoppel, claims for violations of any constitution, § 1983 claims, and to all claims
of every nature and kind, whether known or unknown, suspected or unsuspected, presently
existing or resulting from or attributable to any act or omission of Leneghan and/or Gemperline
that exist or may exist as of the date this agreement is fully executed.
Page 2 of 4
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.
5. Non-Admission. This Agreement is not to be construed as an admission of liability or

wrongdoing on the part of the Township. Except to the extent necessary to enforce this
Agreement or as otherwise required or permitted by law, it is further agreed between the Parties
that neither this Agreement nor any part thereof is to be used, or admitted into evidence, in any
proceeding of any character, judicial or otherwise, now pending or otherwise instituted.
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.
8. Modifications. No modification or amendment of this Agreement shall be effective unless the

same be in a writing duly executed by all the parties hereto.
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.
1 1 . Voluntary Acts. YAMARICK HEREBY ACKNOWLEDGES THAT HE HAS CAREFULLY

READ AND UNDERSTANDS THE TERMS OF THIS AGREEMENT, THAT HE HAS
BEEN ADVISED AND ENCOURAGED TO CONSULT WITH AN ATTORNEY OF HIS
CHOOSING, IF DESIRED, HAS RECEIVED ALL THE ADVICE HE DEEMS
Page 3 of 4
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
Page 4 of 4

Yamarick Settlement Agreement - Signed by Plaintiff

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Yamarick Settlement Agreement - Signed by Plaintiff

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SETTLEMENT AGREEMENT AND RELEASE

1. Settlement Amount. In consideration of the promises made by Yamarick as set

a. "4 Within seven (7) days of execution of this Agreement by Yamarick, on

b. Yamarick agrees to defend, indemnify, and hold the Township harmless

a. Release of Employment Termination Claims: As it pertains to Yamarick's

b. OWBPA Release: Yamarick specifically acknowledges and understands that

c. Global Release of all claims against Leneghan and Gemnerline: As it pertains

5. Non-Admission. This Agreement is not to be construed as an admission of liability or

8. Modifications. No modification or amendment of this Agreement shall be effective unless the

1 1 . Voluntary Acts. YAMARICK HEREBY ACKNOWLEDGES THAT HE HAS CAREFULLY

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