Free Motion to Dismiss - District Court of Colorado - Colorado

Case 1:03-cv-02440-EWN-BNB

Document 116-2

Filed 11/28/2005

Page 1 of 5

MUTUAL SETTLEMENT AGREEMENT AND GENERAL RELEASE OF ALL CLAIMS THIS SETTLEMENT AGREEMENT AND GENERAL RELEASE OF ALL CLAIMS ("Agreement") is made and entered into by and between PATRICIA S. BANGERT, ATTORNEY AT LAW, LLC, and PATRICIA S. BANGERT (together referred to as "Bangert"), and MATTHEW ARAGON ("Aragon"). WITNESSETH: WHEREAS, Bangert represented Aragon from approximately May 5, 2004 until February 3, 2005 in Civil Action No.1:03-cv-2440-EWN-BNB, and Bangert filed an attorney's fees lien in that case; WHEREAS, Bangert and Aragon wish to settle issues that have arisen as to attorney's fees and costs owed to Bangert by Aragon; and WHEREAS, Bangert and Aragon desire by this Agreement to fully, completely, and permanently resolve all claims, demands and disputes between them, known or unknown, matured or not matured and whether or not contingent, regarding and arising out of Bangert's representation of Aragon, in order to avoid prolonged litigation, appeals, attorneys' fees, costs and the risk of litigation; NOW, THEREFORE, IT IS AGREED AS FOLLOWS: A. Non-Admission of Liability

This Agreement is not intended to be and shall not be construed in any way as an admission by either party of any liability whatsoever, or as an admission by either party of any wrongdoing whatsoever against the other party, or any other persons. B. Mutual Releases and Covenants Not to Sue

1. Aragon Release and Covenant Not to Sue: Aragon, for himself, his heirs and assigns, does hereby forever release and discharge Patricia S. Bangert, Attorney at Law, LLC, its subsidiaries, affiliates, successors, predecessors, assigns, agents, employees, attorneys and representatives, and Patricia S. Bangert, from any and all causes of action, actions, judgments, liens, indebtedness, damages, losses, claims, liabilities and demands of whatsoever kind and character in any manner whatsoever arising from or relating or attributable to Bangert's representation of Aragon, and, without limiting the generality of the foregoing, specifically from all claims or allegations asserted or which could have been asserted by Aragon or on his behalf 2. Bangert Release and Covenant Not to Sue: Patricia S. Bangert, Attorney at Law, LLC, its subsidiaries, affiliates, successors, predecessors, assigns, agents, employees, attorneys and representatives, and Patricia S. Bangert do hereby forever release and discharge Aragon from any and all causes of action, actions, judgments, liens, indebtedness, damages, losses, claims, liabilities and demands of whatsoever kind and character in any manner whatsoever arising from or relating or attributable to Bangert's representation of Aragon.

Case 1:03-cv-02440-EWN-BNB

Document 116-2

Filed 11/28/2005

Page 2 of 5

3. No Other Filings: Except for the aforementioned attorney's fees lien, the parties represent that they have not filed any other lawsuits, claims, charges or complaints against the other party (which includes but is not limited to any officer, director, employee or agent of Bangert) with any body or any local, state or federal agency or court from the beginning of time to the date of execution of this Agreement, that they will not do so at any time hereafter based upon events occurring prior to the date of execution of this Agreement, and that if any such agency or court ever assumes jurisdiction of any such lawsuit, claim, charge or complaint, and/or purports to bring any legal proceedings, in whole or in part, on either party's behalf, the other party will request said agency or court to withdraw from and/or dismiss the lawsuit, claim, charge or complaint with prejudice. This Agreement will constitute a complete defense to any allegations therein made. 4. Full and Final Release: This Agreement is a full and final release covering all known or unknown or unanticipated debts, injuries, damages and/or claims related in any way to Bangert's representation of Aragon. Upon execution of this Agreement, the parties, their agents, officers, employees, predecessors and successors will demand nothing further from each other and release each other from all known and unknown claims arising from Bangert's representation of Aragon. C. Consideration

In consideration of the promises, release and covenant not to sue set forth in this Agreement, Aragon agrees to pay the following on the date of execution of this Agreement (defined as the fixing of the signatures of the parties, and their attorneys, if any): the sum of TWENTY-ONE THOUSAND DOLLARS ($21,000.00), by check, paid to the order of Patricia S. Bangert, Attorney at Law, LLC. Aragon shall not unreasonably withhold his execution of this Agreement. D. Other Covenants

1. Full and Independent Knowledge: Aragon represents and agrees that he personally has read this Agreement, that he has had an opportunity to have legal counsel of his choosing fully explain its contents and the ramifications of her approval of this Agreement, that he has had sufficient time to consider this Agreement, and that he fully understands its contents. 2. No Representations: Aragon acknowledges that, except as expressly set forth herein, no representations of any kind or character have been made to him by Bangert, her agents, representatives or attorneys, to induce the execution of this Agreement. 3. Ownership of Claims: The parties represent and agree that they have not heretofore assigned or transferred, or purported to have assigned or transferred, to any person whomsoever, any claim or portion thereof or interest therein, and the parties agree to indemnify, defend and hold harmless the other party against any and all claims based on, arising out of, or in connection with any such transfer or assignment, or purported transfer or assignment, of any claims or any portion thereof or interest therein.

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Case 1:03-cv-02440-EWN-BNB

Document 116-2

Filed 11/28/2005

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4. Complete Agreement: This Agreement contains all of the agreements and understandings between the parties and supersedes any prior negotiations or proposed Agreements, written or oral. The parties acknowledge that no other party, directly or through an agent, has made any promises, representations or warranties whatsoever, expressed or implied, not contained in this Agreement to induce it to execute this Agreement. The document may be amended only by subsequent writing signed by the parties. 5. Severability: Should any provision of this Agreement be declared or be determined by any court to be illegal, invalid or unenforceable under present or future laws, such provision shall be fully severable; this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Agreement; and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance from this Agreement. Furthermore, in place of each such illegal, invalid or unenforceable provision, there shall be added automatically as a part of this Agreement a provision as similar in terms to such illegal, invalid or unenforceable provision as may be possible and be legal, valid and enforceable. 6. Actions to Enforce Agreement: Each party to this Agreement shall have the right to bring an action to enforce any of its terms or provisions. The Parties agree that the Court shall enter an award of reasonable attorneys' fees and costs to the prevailing party in any action seeking to enforce the terms of this Agreement. 7. Applicable Law: This Agreement is made and entered into in the State of Colorado and shall in all aspects be interpreted, enforced and governed under the laws of said state. The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. 8. parties. Signature in Separate Parts: This Agreement may be signed in several parts by the

*** End of Agreement, except for signatures***

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Case 1:03-cv-02440-EWN-BNB

Document 116-2

Filed 11/28/2005

Page 4 of 5

PLEASE READ CAREFULLY. THIS AGREEMENT INCLUDES A RELEASE OF ALL KNOWN OR UNKNOWN CLAIMS. EXECUTED AT Denver, Colorado, this ______ day of November, 2005. Patricia S. Bangert, Attorney at Law, LLC By: _____________________________________ Patricia S. Bangert

STATE OF COLORADO COUNTY OF _______________

) ) ss. )

The foregoing has been acknowledged before me this __________ day of November, 2005, by Patricia S. Bangert. Witness my hand and official seal. My commission expires: ____________________________________ Notary Public

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Case 1:03-cv-02440-EWN-BNB

Document 116-2

Filed 11/28/2005

Page 5 of 5

PLEASE READ CAREFULLY. THIS AGREEMENT INCLUDES A RELEASE OF ALL KNOWN OR UNKNOWN CLAIMS. EXECUTED AT ________________, Colorado, this ________ day of November, 2005.

__________________________________ Matthew Aragon

STATE OF COLORADO COUNTY OF _______________

) ) ss. )

The foregoing has been acknowledged before me this __________ day of November, 2005, by Matthew Aragon. Witness my hand and official seal. My commission expires: ________________________________ Notary Public

Reviewed and Approved as to Form:

______________________________ Stuart D. Mann, Esq. Law Office of Stuart D. Mann, LLC 12202 Airport Way, Suite 170 Broomfield, CO 80021 Attorney for Matthew Aragon

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