SETTLEMENT AGREEMENT
THIS SETTLEMENT AGREEMENT (the “Agreement”), dated as of March 4, 2019 (the
“Effective Date”), is made by and between, on the one hand, James Egan (“Egan”) and, on the
other hand, (a) the City of Seattle and (b) Lorena González (“González”) (collectively, the “City
Defendants”). Each of the above is a “Party” and they are collectively referred to herein as “the
Parties.”
RECITALS
A. Egan has asserted claims against the City Defendants in the matter captioned
Egan v. City of Seattle, et al., which is presently pending in King County Superior
Court as a consolidated action bearing Case No. 18-2-14942-8 SEA (the
“Lawsuit”).
B. The Parties now wish to resolve the Lawsuit as set forth in this Agreement.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the
Parties hereby agree as follows:
AGREEMENT
1.

Statement of Purpose

This Agreement is for the purpose of resolving, compromising and settling any actual or
potential issue, claim or dispute between the Parties arising out of or relating to the Lawsuit,
including but not limited to at least five (5) alleged violations of the Open Public Meetings Act
(“OPMA”) by González. The Parties have agreed to settle and compromise as set forth herein,
and are satisfied that the terms and conditions of this Agreement are fair, adequate and
reasonable.
2.

3.

Payment
2.1

No later than ten (10) business days following the Effective Date, the City
Defendants shall make payment to Egan in the amount of Two Thousand Five
Hundred Dollars ($2,500.00) (the “Payment”).

2.2

The Payment shall be payable to “Connelly Law Offices, PLLC in trust for James
Egan” and shall be delivered to Egan c/o his counsel: Lincoln C. Beauregard,
Connelly Law Offices, PLLC, 2301 North 30th Street, Tacoma, WA 98403.

Stipulated Dismissal

The Parties shall promptly submit a Stipulation and Order for Dismissal in substantially the form
attached hereto as Exhibit A.

Settlement Agreement

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 4.

OPMA Training

Future training provided by the City to members of the City Council with respect to the OPMA
shall state that the use of form “tally sheets” (e.g., the document produced in the Lawsuit as
Egan v. City of Seattle_039599) is inadvisable in light of the obligations and requirements of
OPMA.
5.

6.

Release and Waiver of Fees
5.1

Egan does hereby fully, finally and forever release, acquit and discharge the City
Defendants, and their respective employees, marital communities, heirs,
beneficiaries, successors, assigns, and lawyers and law firms (each a “Releasee”
and collectively the “City Defendant Releasees”) of and from any and all manner
of actions, causes of action, suits, damages, rights, claims, demands,
reimbursements, expenses, agreements, promises, liens, judgments or liabilities of
any nature whatsoever, at law or in equity, known or unknown, asserted or
unasserted, contingent or otherwise that are based in whole or part on any act or
omission from the beginning of time through the date of this Agreement, that
Egan has, or which may hereafter accrue, on account of, arising out of, or in any
way related to: the Lawsuit, including the subject matter, the asserted claims, or
any claim that could have been asserted therein. Releasees other than the
signatories are intended third-party beneficiaries of the release stated herein.

5.2

Egan agrees that he shall not request, waives any right to, and may not receive,
attorneys’ fees or costs in the Lawsuit, pursuant to statute or otherwise.

No Admission of Liability

This Agreement does not constitute and shall not be construed as an admission of liability.
Neither any consideration provided hereunder nor the grant of any release shall be considered an
admission by or against any Party or Releasee, and no past or present wrongdoing on the part of
the Parties or any Releasee shall be implied by consideration, release, or this Agreement.
7.

Miscellaneous Provisions
7.1

Each Party represents that no other person or entity has, or has had, any interest in
the claims, demands, obligations or causes of action referred to in and released
pursuant to this Agreement; that each Party has the authority to execute this
Agreement; and that each Party has not sold, assigned, transferred, conveyed or
otherwise disposed of, by operation of law or otherwise, any of the claims, rights,
demands, obligations or causes of action referred to in this Agreement.

7.2

In entering into this Agreement, no Party has made any representations or
warranties, and no Party has relied upon any representations or warranties, other
than those representations and warranties as may be expressly stated in this
Agreement.

Settlement Agreement

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 7.3

Each Party represents and acknowledges that he, she or it has read this
Agreement, has had adequate opportunity to consult with his, her or its legal
counsel regarding this Agreement, is satisfied that the terms and conditions are
fair, adequate and reasonable, and fully understands and agrees to its terms.

7.4

This Agreement shall be binding upon and inure to the benefit of the Parties and
their legal representatives, heirs, beneficiaries, administrators, executors,
successors and assigns.

7.5

If any provision of this Agreement shall be held by a court of competent
jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall
remain in full force and effect.

7.6

This Agreement may not be changed, amended, modified, terminated, waived or
discharged except in a subsequent written agreement signed by all of the Parties
hereto.

7.7

This Agreement has been negotiated by the Parties and each Party has had
opportunity to consult with his, her or its respective counsel and this Agreement
shall be interpreted fairly in accordance with its terms and without any strict
construction in favor of or against any of the Parties.

7.8

When fully executed, this Agreement will be effective as of the Effective Date.
This Agreement may be executed in counterparts (including facsimile and/or
email/PDF) that, taken together, will be effective as if they were a single
document.

7.9

This Agreement shall be governed by and construed in accordance with the laws
of the State of Washington, without regard to principles of conflicts of laws, as
applicable to agreements made and to be performed entirely within Washington.
The prevailing party in any action arising from or relating to this Agreement shall
be entitled to reasonable attorneys’ fees and costs.

7.10

This Agreement sets forth the entire agreement and understanding between the
Parties concerning the subject matter set forth herein, and merges all prior
discussions between them, concerning its subject matter. None of the Parties is
bound by any conditions, definitions, warranties, understandings, agreements, or
representations, whether written or oral, with respect to such subject matter other
than as expressly provided in this Agreement.
[remainder of page intentionally left blank; signature page follows]

Settlement Agreement

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 IN WITNESS WHEREOF, the Parties have executed this Settlement Agreement effective as of
the Effective Date provided for herein.

CITY OF SEATTLE

 

AMES EGAN
By:

 

Name:

 

Title:

 

 

LORENA GONZALEZ

Settlement Agreement

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IN WITNESS WHEREOF, the Parties have executed this Settlement Agreement effective as of
the Effective Date provided for herein.

JAMES EGAN

CITY OF S,A/ TTLE
—
By:
Name:
Title:

ONZ

Z

(......___

Settlement Agreement

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 Exhibit A

The Honorable Timothy A. Bradshaw

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SUPERIOR COURT FOR THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF KING

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JAMES EGAN, individually,

NO. 18-2-14942-8 SEA
(Consolidated)

Plaintiff,
v.

STIPULATION AND [PROPOSED]
ORDER OF DISMISSAL

CITY OF SEATTLE, a Washington municipal
corporation, SALLY BAGSHAW, BRUCE
HARRELL, MICHAEL O’BRIEN, and
LORENA GONZALEZ

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Defendants.
ARTHUR WEST,
Plaintiff,

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v.
SEATTLE CITY COUNCIL, CITY OF
SEATTLE, LISA HERBOLD, BRUCE
HARRELL, KSHAMA SAWANT, ROB
JOHNSON, DEBORA JUAREZ, MIKE
O’BRIEN, SALLY BAGSHAW, TERESA
MOSQUEDA, LORENA GONZALEZ,
Defendants.
Peter S. Holmes
Seattle City Attorney
701 5th Avenue, Suite 2050
Seattle, WA 98104-7097
(206) 684-8200

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I.

STIPULATION

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In the matter Egan v. City of Seattle, et al., No. 18-2-14942-8 (the “Egan Lawsuit”),

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Plaintiff and Defendants, by and through their undersigned counsel, stipulate and agree that,

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pursuant to CR 41(a)(1)(A), the Egan Lawsuit, including all claims asserted therein, should be

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dismissed with prejudice and without an award of attorneys’ fees or costs to any party.

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RESPECTFULLY SUBMITTED this 4th day of March, 2019.
CONNELLY LAW OFFICES, PLLC
By s/Lincoln C. Beauregard [email authorization]
Lincoln C. Beauregard, WSBA #32878
Julie A. Kays, WSBA #30385
2301 North 30th Street
Tacoma, WA 98403
Telephone: (253) 593-5100
Email: lincolnb@connelly-law.com
Email: jkays@connelly-law.com

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Attorneys for Plaintiff James Egan
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STIPULATION AND ORDER OF DISMISSAL - 1

Peter S. Holmes
Seattle City Attorney
701 5th Avenue, Suite 2050
Seattle, WA 98104-7097
(206) 684-8200

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Peter S. Holmes
Seattle City Attorney
By s/Peter S. Holmes
Peter S. Holmes, WSBA #15787
Gary Smith, WSBA #29718
Assistant City Attorney
Seattle City Attorney’s Office
701 Fifth Ave., Suite 2050
Seattle, WA 98104
Telephone: (206) 684-8200
Email: pete.holmes@seattle.gov
Email: gary.smith@seattle.gov

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SAVITT BRUCE & WILLEY LLP
By s/David N. Bruce
David N. Bruce, WSBA #15237
Stephen C. Willey, WSBA #24499
Michele L. Stephen, WSBA #39458
1425 Fourth Avenue Suite 800
Seattle, Washington 98101-2272
Telephone: (206) 749.0500
Email: dbruce@sbwLLP.com
Email: swilley@sbwLLP.com
Email: mstephen@sbwLLP.com
Attorneys for Defendants

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STIPULATION AND ORDER OF DISMISSAL - 2

Peter S. Holmes
Seattle City Attorney
701 5th Avenue, Suite 2050
Seattle, WA 98104-7097
(206) 684-8200

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ORDER

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Based on the foregoing stipulation by the named parties, all of whom have appeared,

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and in accordance with CR 41(a)(1)(A), the lawsuit captioned Egan v. City of Seattle, et al.,

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No. 18-2-14942-8, including all claims asserted therein, is hereby dismissed with prejudice and

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without attorneys’ fees, litigation expenses, or costs to any party.

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It is so ORDERED.

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Dated:

, 2019.

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Judge / Court Commissioner

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STIPULATION AND ORDER OF DISMISSAL - 3

Peter S. Holmes
Seattle City Attorney
701 5th Avenue, Suite 2050
Seattle, WA 98104-7097
(206) 684-8200