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  • Rebecca Gasca v. City of Reno Settlement Agreement

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    Rebecca Gasca v. City of Reno settlement agreement

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    Rebecca Gasca v. City of Reno settlement agreement

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    Rebecca Gasca v. City of Reno settlement agreement

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    1K views5 pages

    Rebecca Gasca v. City of Reno Settlement Agreement

    Uploaded by

    Ben Margiott
    Rebecca Gasca v. City of Reno settlement agreement

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
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    ‘SETTLEMENT AGREEMENT AND MUTUTAL RELBASE ‘This Settlement Agreement and Mutual Release (“Agreement is made and entered into by and between Plaintiff Rebeees Gasca (“Gasca”) and the City of Reno (colletvely, “the Parties"). In consideration forthe covenants, agreements, and releases set forth herein and valuable consideration, it is agreed by and between Gasca and the City of Reno that this ‘Agreement resolves the Lawsuit (as defined below). 1, Payment and Approval by City Coun In consideration for the release and terms set forth herein the City of Reno shall py the sum of Two Hundred Fifty Thousand Dollars and No Cents ($250,000.00) (inclusive of fes and coss) by check payable to “MeLetchie Law Group, PLLC Trust Account” (“MeLetchie Law”) MeLetchie Law will provide an IRS Form W-9 to City's atoreys no later than five (S) business days after the date this Agreament is fully executed 2 Release by Gasea: Gasca on behalf of herself and all her dependents, heir, agents, executors, successors, and asigns, does hereby release, waive, and discharge the City of Reno, Jason Soto, Kevin Boh, ‘Tom Robinson, Cury Lynch, and al of ther hers, successors, assigns, atoms, insurers, employees, officer, agents, divisions, departments, and representatives (collectively, “Reno Released Parties" of an from any and all actions, causes of action claims, demands, costs, expenses, known or unknown, suspected oF unsuspected relating In any manner whatsoever to & protest that took pace in Reno, Nevada on May 30, 2020 and al of those matters an claims which were raised or could have been rised inthe 42 U.S.C.§ 1983 civil rights lawsuit pending in the United States District Court for the District of Nevade as Case No. 3:22-cv-00238-MMD- SD and entitled Rebecca Gasca, an individual, Plaimif vs. City of Reno, Nevada a Municipal Corporation, et al. (he Lawsuit) 3. Release by the City of Reno: ‘The City of Reno on behalf of itself, its agents and employees (including but not limited to the Reno Released Parties) hereby releases, waives, and discharges Plaintiff Rebecea Gasca {rom al actions, causes of ation, claims, demands, costs, expenses, Known or unknown, suspected or unsuspected, including but not limited to any claims for attorney fees andor costs relating in any manner whatsoever tothe protest that took place in Reno, Nevada on May 30, 2020, and all of those matters and claims which were eased or could have been raised in the Lawsuit or relate flings, 4. Released claims may not be fully known: ‘The undersigned expressly understand that all damages, injuries, and losses claimed by ‘the undersigned may not now be fully known, and may be ofa different type and nature than ‘now known or expected. Itis further understood that his Agreement includes any and all purported claims for reef and causes of action based on allegations of physical or mental pain and suffering. ‘5. Parties will not initiate any further action on released claims: ‘The Parties agree that they will ot, at anytime hereafter, commence, maintin, oF prosecute any action, a law or otherwise, or assert any claim against any released party and/or ‘execute or enforce any judgment against any released party for damages, losses, o fr equitable relief relating to the matters and claims herein released. However, nothing in this provision ‘prevents the Parties from seeking to enfore this Agreement 66. Consideration of policies and procedures and/or training ‘The City of Reno agrees to consider and engage in good faith discussions (including but not limited to # meeting with the Chief of Police andior others withthe Reno Police Department involved withthe formulation of polices and procedures and/or taining and the City Atomney's Office) with Gasca and her attorey regarding potential changes to polices and procedures andior police taining regarding use of force (including with espect to the nonlethal round ‘commonly called 4Omm Direct Impact OC used in the protest on May 30, 2020 and that Gasca alleged inthe Lawsuit caused her injury) and other issues concerning policing of protests to avoid the unnecessary use of force on protesters and others atending protests artis have reviewed and intend to be lgally bound by Agreement: Each of the Parties acknowledges and agrees that each of them has reviewed and understands this Agreement, and each has had the opportunity to have this Agreement reviewed by their respective attorneys. The undersigned, as individuals or representatives ofthe Parties, further declare that this entre Agreement has been eateully read, that the contents hereof ae fully known and understood, thatthe same is signed asa free and voluntary act of the undersigned, and that itis an express intention ofthe undersigned to waive, release, and discharge any and all claims or causes of aetion asset fort in Sections? and 3, and t be fully and legally bound hereby. 1. Parties to bear their own fees and costs: ‘The Partis agree the shall ber thet own attorney's fees and costs in connection with the Lawsuit, including this Agreement, andthe setlement makes no allocation for fees and costs. 9, Disputed claims and no admission oflisility Itis expressly understood that ths setlement is a compromise of disputed claims, and receipt ofthe consideration above is nat to be construed as an admission or acknowledgement of| libilty or responsibility onthe prt ofthe Parties or any released party, al of whom expressly

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