Settlement-Agreement

CR 2A AGREEMENT Plaintiffs in the consolidated action, Pszonka v. Snohomish County, et al., King County Superior Case No. 14-2-18401-8 SEA, have reached a settlement with the State of Washington as to all claims against it. Plaintiffs will continue pursuing claims against Grandy Lake Forest Associates and Snohomish County. The settlement with the State consists of the following basic terms: (1) Payment of Fifty million dollars ($50,000,000) in exchange for release of all claims against the State, its agencies, departments, officers, employees, representatives, insurers and reinsurers -- other than the sanctions described below in paragraph 2 -- by the Consolidated Plaintiffs in this lawsuit, the groups generally known as the Pszonka plaintiffs represented by the Corr Cronin law firm, the Ward plaintiffs represented by Corrie Yackulic and John Phillips, the Lester plaintiffs represented by Darrell and Loren Cochran, and the Regelbrugge plaintiffs represented by Karen Willie; (2) The parties recognize that it is the court's authority to determine the amounts of the sanctions as ordered by the Court on Tuesday, October 4, 2016. Payment will be made separately by the State on the sanctions ordered for attorneys’ fees and costs expended by Plaintiffs related to work on the sanctions motion and document recovery procedure. Plaintiffs' counsel will submit a total cost and attorney fee application of $394,332.02 for Plaintiffs' counsel work on this sanctions issue and document recovery process through Saturday, October 8, 2016, and the State agrees not to dispute the amount of the request. The State will also pay the punitive monetary sanction determined by the Court separate and apart from the fee award, and the State asks the court to make that award at this time. The State will also accept and pay the full amount of the fees and costs assessed for the work by the Special Master, which will cease with the full execution of this CR 2A agreement. The Court's order and terms as entered on Tuesday, October 4, 2016, are incorporated by reference to this CR2A Agreement; (3) Payment on the fifty million dollars ($50,000,000) and separately on the sanctions will be made by November 18, 2016, at 5:00 p.m. This payment is conditioned on delivery of releases in a form satisfactory to the State fifteen (15) business days prior to the payment date of any and all claims against the State signed by the party or authorized representative and on form approved by the State. In the event such releases have not been provided, the payment date shall be fifteen (15) business days after all such releases are provided. In the event payment is not made by this date and time, 12% interest per annum will begin to accrue on the sums owing until such time as the full amount owing is paid; (4) Payment on the fifty million dollars ($50,000,000) will be made to a mutually agreed upon escrow account or escrow account equivalent to allow Plaintiffs to initiate their own procedure for distribution of the settlement proceeds; (5) Payment on the sanctions sums for the attorneys’ fees and costs will be made to Plaintiffs' counsel. Payment for the full amount of fees and costs for the work of Special Master Paris Kallas will be directly to Judge Kallas as invoiced by her office. Payment on the sanctions imposed by the Court as a punitive monetary sanction will be determined by the Court; (6) In the event the State is requested to make payment to a structured settlement or Qualified Settlement Fund, the State appoints John Wilcox of Ringler Associates as a co-broker to work with any plaintiff brokers; (7) Counsel for plaintiffs agree to cooperate with the State at the sole expense of the State in any action by the State to recover indemnity from the Tribe, including but not limited to use of expert reports and data. The State acknowledges that plaintiffs’ counsel will decline any requests that they deem as impairing or potentially impairing the plaintiffs’ continued prosecution of claims against any remaining defendants. Signed and executed this 9th day of October, 2016. CORR CRONIN MICHELSON BAUMGARDNER FOGG & MOORE LLP PHILLIPS LAW GROUP, PLLC s/ Guy P. Michelson s/ John W. Phillips____________ Guy P. Michelson, WSBA #7017 Emily J. Harris, WSBA #35763 Attorneys for Pszonka Plaintiffs John W. Phillips, WSBA #12185 Attorneys for Ward Plaintiffs PFAU COCHRAN VERTETIS AMALA PLLC CORRIE YACKULIC LAW FIRM, PLLC s/ Darrell L. Cochran s/ Corrie J. Yackulic___________ Darrell L. Cochran, WSBA #22851 Loren A. Cochran, WSBA #32773 Attorneys for Lester Plaintiffs Corrie J. Yackulic, WSBA #16063 Attorneys for Ward Plaintiffs LAW OFFICE OF KAREN A. WILLIE, PLLC ATTORNEY GENERAL OF WASHINGTON s/ Karen A. Willie, with approval s/ Rene D. Tomisser, with approval Rene D. Tomisser, WSBA #17509 Karen A. Willie, WSBA #15902 DAUDT LAW, PLLC CHRISTIE LAW GROUP, PLLC Michael D. Daudt, WSBA #25690 Attorneys for Regelbrugge Plaintiffs Robert L. Christie, WSBA # 10895 Ann E. Trivett, WSBA #39228 Attorneys for Defendant Washington State Department of Natural Resources