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Government and People
This Settlement Agreement is made by and between The District of Columbia (the "District') and Dorothy A. Rosenbaum, and Daniel E. Rosenbaum both individually and as Co-Personal Representatives of the Estate of David E. Rosenbaum, ("Plaintiffs) concerning the claims arising from the death of David E. Rosenbaum.
WHEREAS, the District and the Plaintiffs desire to settle all claims by the plaintiff against the District arising from the death of David E. Rosenbaum and at issue in Dorothy Rosenbaum, et at, v. District of Columbia, et al., 2006 CA 008405 M (Superior Court of the District of Columbia) ("the Action").
Now, the District and Plaintiff. (together, the "Parties" end each a "Party"), in consideration of the mutual promises and covenants contained in this Agreement and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, agree as follows.
1. The Distract agrees to convene a Task Force comprising members selected by the Parties. The Task Force will investigate the circumstances surrounding the response of the District's Fire and Emergency Medical Service ("`EMS") in the case of David E. Rosenbaum.
2. The Task Force will complete its investigation and issue a report including recommendations for improving the delivery of emergency medical services by FEMS within six (6) months of the date of this agreement.
3. The District retains complete discretion in determining which, if any, of the Task Force recommendations to implement as well as the mariner of implementation.
4. If the Plaintiffs are not satisfied, in their complete discretion, with the District's implementation of the Task Force recommendations, as referred to in the preceding paragraph, they can refile the claims arising from the death of David E. Rosenbaum within the time period set forth in Paragraph No. 5 below.
5, Termination of Proceedings. Within five (5) days of the date of this agreement Plaintiffs will dismiss the District from the Action without prejudice to its reinstatement. The request for dismissal without prejudice shall provide for the automatic conversion of the dismissal to a dismissal with prejudice one (1) year after the date of this agreement, or earlier upon motion of Plaintiffs.
6. Within nine (9) months from the date of this agreement, the District will report to Plaintiffs concerning the progress achieved with respect to the changes in the Metropolitan Police Department as set forth in Linda Singer's correspondence of March 6, 2007.
7. The Parties agree that in the event that the Plaintiffs reinstate their claims against the District, during the time period set firth in Paragraph Four above, or as extended by all Parties to this agreement in writing, this Settlement Agreement is null and void and will not be used for any purpose by any of the Patties.
8. Plaintiffs' position is that regardless of the alleged negligent conduct of District agents and or employees as more fully described in the Complaint filed in the Action, David E. Rosenbaum would have recovered if he bad been provided with treatment required by the applicable standard of care at Howard University Hospital ("Hospital").
9. Plaintiffs also agree to release and forever discharge the District's officers, agents, servants and employees in their individual capacities from any and all loss and any and all actions, damages, claims and demands in any way arising out of any and all matters raised in, or that could have been raised in the Action. The parties stipulate and agree that the release and discharge referred to in the preceding sentence shall not have any legal impact in any manner on the respondant superior claims against the District of Columbia, nor against the claims asserted against the District in the Action. In other words, it is the intent of the parties that in agreeing to the release and discharge referred to in this paragraph, the Plaintiffs are simply releasing the individual officers, agents, servants and/or employees of the District but are free to pursue all claims against the District.
10. No Admission. The entry into this Agreement is not, is in no way intended to be, and should not be construed as, in admission of liability or fault by either Party to this Agreement. The settlement entered into by the Parties is for the purpose of resolving any and all potential claims between them and avoiding the expenses and risks of further litigation.
11. Counterparts. This Agreement may be executed in several counterparts, with a separate signature page for each Party. All counterparts and signature pages, together, shall be deemed to be one document.
12. Voluntary Entry. The terms of this Agreement have been completely read and are fully understood and voluntarily accepted for the purpose of making a full and final compromise adjustment and settlement of any and all claims, disputed or otherwise, and for the express purpose of precluding forever any further or additional claims arising out of the death of David E. Rosenbaum.
13. Choice of Law. This Agreement shall be construed in accordance with the law of the District of Columbia.
14. Modification; Presumption in Drafting. Each Party certifies that it has reviewed this Agreement with counsel of its choosing, is satisfied with the terms of this Agreement and that the Agreement and each Section in it shall be deemed jointly drafted. The Agreement can only be modified in a writing signed by both Parties.
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