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Tonya Sconiers Settlement Agreement
Tonya Sconiers Settlement Agreement
WHEREAS, the Parties mutually desire to avoid the burden and expense of
protracted litigation and wish to resolve their dispute on the terms set forth below;
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6. Release of Claims by Plaintiff. The District, on behalf of itself and the Individual
Defendants, has agreed to provide Plaintiff with certain benefits and privileges that
she would not otherwise be entitled to receive in the absence of this Agreement. In
consideration for those benefits and privileges, and as an inducement for the District
and Individual Defendants to enter into this Agreement, Plaintiff hereby fully and
completely releases, acquits, and forever discharges the Individual Defendants, the
District, its current and former Board members, administrators, officers, employees,
agents, representatives, their insurers (including Liberty Mutual Insurance,
Ameritrust Group, Inc. and any other applicable insurers), attorneys, and other
affiliates from any and all liability for any and all damages, actions, or claims –
regardless of whether they are known or unknown, direct or indirect, asserted or
unasserted – that arise out of or are related to any action, decision, event, fact, or
circumstance occurring before Plaintiff signs this Agreement. Plaintiff understands
and agrees that by entering into this Agreement with the District and the Individual
Defendants, she is waiving and releasing any and all claims, complaints, causes of
action, and demands of any kind that are based on or arise under any federal or state
law, including but not limited to the federal and state constitutions, or any federal
or state statutes, regulation, rule, or common law.
7. Claims Not Waived. By signing this Agreement, Plaintiff does not release or waive
the following: (a) any rights or claims that are based on any events that occur after
she signs this Agreement; (b) any right to institute legal action for the purpose of
enforcing this Agreement; (c) any right to apply for unemployment compensation
benefits, although the District may contest such application; (d) any claims arising
under the Workers’ Compensation Act, although the District or its insurer may
contest such claims; or (e) any right to file a charge with a governmental agency,
including the Equal Employment Opportunity Commission, although the District
may contest such a charge and Plaintiff agrees that she will not be able to recover
any award of compensation, damages, or any other monies if she files a charge or
complaint or has a charge or complaint filed on her behalf with any federal, state,
or local government agency.
8. Release of ADEA Claims. Plaintiff recognizes that by signing this Agreement she
is waiving and releasing any employment discrimination, retaliation, or other claims
she might have under the Age Discrimination in Employment Act (“ADEA”).
Plaintiff further acknowledges that she has been advised to consult with an attorney
prior to signing this Agreement, that she has been advised of her right to review and
consider her release of any claims under the ADEA for a period of twenty-one (21)
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10. Effect of Revocation or Rescission. If Plaintiff revokes or rescinds any part of her
release of all claims pursuant to her rights under Paragraph 9 above, the District and
its insurer will not be required to make the payment outlined in Paragraph 1 or attend
the meeting identified in Paragraph 2. The District will instead pay Plaintiff the
sum of one dollar ($1.00). The remainder of this Agreement and the release of all
claims set forth in this Agreement and all other provisions of this Agreement will
remain in full force and effect.
11. Data Practices. Plaintiff acknowledges that in the course of her employment with
the District she had access to educational and personnel data and other forms of data
that are protected from disclosure under federal and state law. Plaintiff may not
disclose or make any such private or confidential information available to any third
person, unless specifically authorized to do so by court order or by the District’s
Superintendent.
12. No Future Employment. Plaintiff agrees that she will not seek or apply for future
employment or paid consulting with the District. Plaintiff agrees she may
participate in volunteer opportunities with the District only if: (1) the volunteer
opportunity is available to community members; or (2) if Plaintiff has one or more
grandchildren enrolled in the District, volunteer opportunities available to her as a
grandparent of enrolled student(s).
13. Confidentiality. Plaintiff and her attorney agree they will not, directly or indirectly,
disseminate or disclose this Agreement or the terms of this Agreement to any person
or entity other than her spouse or legal counsel or tax advisor, except as required in
order to do the following: report income to a taxing authority, implement or enforce
this Agreement, or respond to a court order or subpoena. Plaintiff agrees that, in the
event the Agreement is made public, Plaintiff will limit any statements about the
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14. Liens, Subrogation, and Indemnification. Plaintiff understands and agrees that
she is solely responsible for satisfying any conditional payments, liens, subrogation
claims, demands for payment, and all other obligations to reimburse any
governmental entity, governmental program, public or private insurer, or other
source of payment or benefits furnished to her now or any time in the future,
including, but not limited to, any claims or demands for repayment or
reimbursement of payments made for medical services or prescription medications.
Plaintiff agrees to indemnify and hold the District, Individual Defendants, their
insurers, their attorneys, and any other representative of the District harmless from
any and all claims and losses, including costs and attorneys’ fees and any other
amount required for their defense, associated with any conditional payment, lien,
subrogation claim, or other claim or demand asserted by any governmental entity,
governmental program, public or private insurer, or any other source of payment or
benefits that have been furnished to Plaintiff.
15. Medicare. The District and Individual Defendants, along with their insurers, and
Plaintiff have sought to protect the interests of Medicare. It is not the intention of
any party to shift to Medicare responsibility for coverage or payment of medical
services or expenses relating to any alleged damages. Based on a thorough review
of relevant facts and circumstances, Plaintiff acknowledges that a determination was
made, and that Plaintiff has so warranted and advised the District and Individual
Defendants that:
a. With regard to any damages that Plaintiff has allegedly suffered, Plaintiff has
not claimed or received, and will not claim in the future, health insurance
coverage through Medicare in any form whether it be Medicare Part A -
Hospital Insurance, Medicare Part B - Medical Insurance, Medicare Part C -
Medicare Advantage Plan Coverage or Medicare Part D - Prescription Drug
Coverage.
b. Plaintiff has not claimed or received, and will not claim in the future,
Medicare benefits because of certain disabilities (as defined by Medicare) or
End-Stage Renal Disease (permanent kidney failure requiring dialysis or a
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c. In the unexpected event that Plaintiff incurs any expenses for medical care
or treatment that is or may be related to any alleged damages caused by the
District and Individual Defendants, Plaintiff agrees that she will not file any
claim with Medicare for such future medical care or treatment. Plaintiff
agrees to be solely responsible for payment of any future medical expenses
that are or may be related to any damages that Plaintiff allegedly suffered
and not to shift the responsibility to Medicare.
d. Plaintiff agrees to indemnify and hold harmless the District and Individual
Defendants, their insurers, their attorneys, and their other representatives for
and from any and all claims, expenses, and attorney fees relating thereto or
relating to any expenses covered or paid by Medicare for treatment related to
the injuries and/or damages which she claims to have been caused by the
District and Individual Defendants. In the event of such demand, Plaintiff
agrees to and will defend and hold harmless the District and Individual
Defendants, their insurers, their attorneys, and their other representatives
from any and all such liability, including such an amount required for their
defense, including their costs and attorneys’ fees. Plaintiff agrees that she
has advised the District and Individual Defendants, their insurers, their
attorneys, and their other representatives that she has no knowledge of any
Medicare lien or debt that may arise or have arisen relative to the damages
she claims to have been caused by the District and Individual Defendants.
16. Tax Consequences. Plaintiff acknowledges and agrees that neither the District,
Individual Defendants, nor any of their insurers, attorneys, agents, employees, or
representatives have made any statements or representations regarding the tax
consequences of the payment being made pursuant to this Agreement. It is
specifically agreed and understood by Plaintiff and her attorney that they are solely
responsible for determining any tax consequences and for paying any taxes owed
based on the payment made pursuant to this Agreement. Plaintiff agrees to
indemnify and hold the District and Individual Defendants harmless for any and all
taxes owed as a result of the payment made pursuant to this Agreement.
17. Voluntary Agreement. The Parties acknowledge that no person has exerted undue
pressure on them to sign this Agreement. The Parties are voluntarily choosing to
enter into this Agreement because of the benefits that are provided under this
Agreement.
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19. Choice of Law and Severability. This Agreement is governed by the laws of the
State of Minnesota. If any part of this Agreement is construed by a court of
competent jurisdiction to be in violation of any law, the remaining portions will
remain in full force and effect.
20. Equal Drafting. In the event that any Party asserts that a provision of this
Agreement is ambiguous, this Agreement must be deemed to have been drafted
equally by the parties.
22. Complete Agreement. This Agreement constitutes the full and complete
agreement between the Parties and a final resolution of any and all claims in
Plaintiff’s lawsuit against the District and Individual Defendants. By voluntarily
entering into this Agreement and accepting the payment outlined in Paragraph 1
after having an opportunity to consult with legal counsel, Plaintiff agrees to dismiss
her lawsuit against the District and Individual Defendants with prejudice and agrees
to take no further action to recover any of the damages alleged in Plaintiff’s
February 28, 2020 Amended Complaint. The Parties to this Agreement have not
relied on any promise, representation, statement, or inducement that is not expressly
stated in this Agreement.
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TONYA M. SCONIERS
05 / 17 / 2021
Date: _______________________ _________________________________
Tonya M. Sconiers
William Gronseth
JEFFREY HORTON
Jeffrey Horton
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