HomeMy WebLinkAbout052725 Julie Jaman v. City of Port Townsend, et al. Has Been SettledJulie Jaman v. City of Port Townsend, et al. Has Been Settled
PORT TOWNSEND —A lawsuit filed by Julie Jaman (the Plaintiff) against the City of Port
Townsend, the Olympic Peninsula YMCA, and a number of individuals (the Defendants) has
been settled. The lawsuit pertained to events that occurred in 2022 at the Mountain View Pool
in Port Townsend. The YMCA operates the pool through a joint management agreement with
the City.
All parties have agreed to settle all claims with no admission of liability by any of the parties.
The Plaintiff will receive $65,000, paid for fully by the Olympic Peninsula YMCA's (OPYMCA)
insurance companies. There is no change of status to the Plaintiff's access to OPYMCA facilities.
This includes a permanent ban from all facilities owned or operated by the OPYMCA, and the
Plaintiff agrees not to knowingly seek any further membership or entry at any facility owned or
operated by the OPYMCA. Additionally, both the Plaintiff and the Defendants agree not to
harass or make statements to any member of the public, including but not limited to, members
of the media or on social media platforms, that they know to be false.
The attached settlement agreement provides further details.
This Release and Settlement Agreement ("Agreement") is made between, among
and on behalf of Julie Jaman (hereinafter "Plaintiff"), on the one hand, and Defendants
City of Port Townsend and John Mauro (collectively "City Defendants") and the Olympic
Peninsula Young Men's Christian Association ("OPYMCA"), Wendy Bart, Rowen DeLuna,
and Erin Hawkins (collectively "OPYMCA Defendants), on the other (collectively,
"Defendants"). Plaintiff and Defendants may be referenced collectively herein as the
"Parties."
I. RECITALS
1. WHEREAS, Plaintiff commenced an action in the United States District
Court for the Western District of Washington, Cause No. 3:24-cv-05466-TMC, which was
entitled: Julie Jaman u. City of Port Townsend, John Mauro, the Olympic Peninsula
YMCA, Wendy Bart, Rowen DeLuna, Erin Hawkins, and John Does 1-10 (hereinafter
"Lawsuit").
2. WHEREAS, Defendants deny the allegations in the Lawsuit and deny any
liability arising out of or relating to the Lawsuit or the claims alleged in the Lawsuit.
3. WHEREAS, to avoid the uncertainty, risks, and costs of continued litigation,
the Parties desire to settle and resolve the Lawsuit on the terms set forth below.
II. TERMS
In mutual consideration of the promises and covenants herein contained, the
Parties agree as follows:
1. The Recitals contained above are incorporated herein as though set forth in full.
2. The Defendants through their insurers shall pay to Plaintiff the sum of Sixty -Five
Thousand Dollars ($65,000) to be paid within thirty days of the execution of this
Agreement. The Defendants shall make these payments in four separate checks: (1) the
total amount of Six Thousand Six Hundred and Eighty Two Dollars ($6,682) made
payable to the "Center for American Liberty" and sent to Center for American Liberty, Re:
Julie Jaman, PO Box 200942, Pittsburgh, PA 15251-0942 for Plaintiff's attorneys fees and
costs in the Lawsuit, which shall be paid in two separate checks with $3,341 each coming
from Nationwide and Philadelphia; and (2) the total amount of Fifty Eight Thousand
Three Hundred and Eighteen ($58,318) made payable to "Julie Jaman" and sent to
Rosemary Schurman Attorney at Law PLLC, PO Box 65194, Port Ludlow, WA 98365,
which shall be paid in two separate checks with $29,159 each coming from Nationwide
and Philadelphia. These payments will be reflected on a 1099 for 2025. Within three
business days of receipt of the settlement funds as set forth above, Plaintiff, through
counsel, will file a stipulated voluntary dismissal of the Lawsuit, with prejudice and with
156990145.1 Julie Jaman v City of Port Townsend, et al.
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all parties to bear their own fees and costs (except as set forth herein), under Fed. R. Civ.
Pro. 41(a)(1)(ii).
3. For the consideration stated in this Agreement, Plaintiff, on behalf of herself and
her agents, representatives, estates, heirs, executors, administrators, assigns,
predecessors in interest, successors in interest, and anyone else claiming an interest
through her (collectively "Plaintiff's Releasors"), hereby releases and discharges
Defendants and their past, present and future directors, officers, employees, agents,
elected officials, parent entities, subsidiaries, affiliates, predecessors in interest,
successors in interest, assigns, lessors, attorneys, insurers, including Philadelphia
Insurance Company (herein "Philadelphia"), Nationwide Insurance Company (herein
"Nationwide"), and Washington Cities Insurance Authority, sureties, and any other
persons, firms, organizations, associations, partnerships, joint ventures, corporations or
entities who were, are or may hereafter be affiliated or in privity with them or who may
be deemed responsible for any allegations in the Lawsuit (collectively "Defendants'
Released Parties"), from any and all claims, counterclaims, demands, causes of action,
obligations, and liabilities of every kind and nature whatsoever which she had, or claims
to have had, or now has, which relates to or arises out of any agreements, transactions,
events or circumstances occurring prior to the date of execution of this Agreement,
limited to the facts, circumstances, and claims which are alleged in or related to the
subject of the Lawsuit. This Agreement applies, but is not limited to, claims based on
allegations of intentional or negligent conduct, defamation, negligent or intentional
infliction of emotional distress, violations of any federal or state laws or constitutional
provisions, malicious prosecution, and breaches of specific promises. Plaintiffs Releasors
further agree not to initiate or institute any other legal action against Defendants'
Released Parties based on the claims released herein.
4. As further consideration, Plaintiff understands that her ban from all facilities
owned or operated by the OPYMCA as set forth in the letter to her from Wendy Bart dated
August 25, 2022 is permanent and Plaintiff agrees she will not knowingly seek any further
membership or entry at any facility owned or operated by the OPYMCA following the date
of execution of this Agreement. Plaintiff understands that if she does seek further
membership or entry at any facility owned or operated by the OPYMCA, the OPYMCA is
entitled to reject her membership or entry into such facility. It is understood that this
Paragraph is a material term to this agreement.
5. For the consideration stated in this Agreement, Defendants, on behalf of
themselves and their agents, representatives, estates, heirs, executors, administrators,
assigns, predecessors in interest, successors in interest, and anyone else claiming an
interest through them (collectively "Defendants' Releasors"), hereby release and
discharge Plaintiff and her predecessors in interest, successors in interest, assigns,
attorneys, insurers, sureties, and any other persons, firms, organizations, associations,
partnerships, joint ventures, corporations or entities who were, are or may hereafter be
affiliated or in privity with Plaintiff (collectively "Plaintiffs' Released Parties"), from any
and all claims, counterclaims, demands, causes of action, obligations, and liabilities of
every kind and nature whatsoever which they had, or claim to have had, or now have,
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which relates to or arises out of any agreements, transactions, events or circumstances
occurring prior to the date of execution of this Agreement, limited to the facts,
circumstances, and claims which are alleged in or related to the subject of the Lawsuit.
This Agreement applies, but is not limited to, claims based on allegations of intentional
or negligent conduct, defamation, negligent or intentional infliction of emotional distress,
violations of any federal or state laws or constitutional provisions, malicious prosecution,
and breaches of specific promises. Defendants' Releasors further agree not to initiate or
institute any other legal action against Plaintiff's Released Parties based on the claims
released herein.
6. The Parties understand and agree that this settlement is a compromise of a
disputed claim, and that the payment made is not to be construed as an admission of
liability on the part of the party or parties hereby released, and that Defendants deny the
allegations in the Lawsuit and deny liability therefore.
7. The Parties understand that they are releasing potentially unknown claims, and
that the Parties may have limited knowledge with respect to some of the claims being
released. The Parties acknowledge that there is a risk that, after signing this Agreement,
they may learn information that might have affected the Parties' decision to enter into
this Agreement. The Parties assume this risk and all other risks of any mistake in entering
into this Agreement. The Parties acknowledge their understanding of this Agreement, and
the release and discharge contained herein, and by knowingly enter into this Agreement
the Parties are giving up certain rights and claims, known or unknown, as specified in this
Agreement.
8. The Parties understand and agree that Plaintiff will pay all her own personal tax
liability of any kind or nature due the state or federal government that may arise from this
settlement, if any such tax liability is found to be owing, and will hold Defendants
harmless and indemnify them for any claims of such taxes owing as a result of this
settlement.
9. Plaintiff agrees not to harass Defendants or Defendants' Released Parties in any
public or online forum related to the facts, circumstances, and claims which are alleged
in or related to the subject of the Lawsuit. Defendants John Mauro, Wendy Bart, Rowan
DeLuna, and Erin Hawkins agree not to harass Plaintiff in any public or online forum
related to the facts, circumstances, and claims which are alleged in or related to the
subject of the Lawsuit. For purposes of this paragraph, to "harass" means to knowingly
and willfully engage in a course of conduct directed at a specific person which seriously
alarms, annoys, harasses, or is detrimental to such person, and which serves no legitimate
or lawful purpose.
lo. Plaintiff agrees not to make any statements to any member of the public, including
but not limited to, members of the media or on social media platforms, that she knows to
be false or is in reckless disregard to their falsity regarding Defendants or Defendants'
Released Parties regarding the subject matter of the Lawsuit. Defendants John Mauro,
Wendy Bart, Rowan DeLuna, and Erin Hawkins agree not to make any statements to any
member of the public, including but not limited to, members of the media or on social
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Release and Settlement Agreement - 3 of 6
media platforms, that they know to be false or is in reckless disregard to their falsity
regarding Plaintiff regarding the subject matter of the Lawsuit. Nothing in this
Agreement precludes the Parties from making truthful statements or disclosures that are
required by applicable law, regulation or legal process or in the context of receiving
confidential legal advice.
11. The City Defendants agree that the document titled "Mountain View Pool
Questions and Answers," dated August 11, 2022 and attached as Exhibit 20 to the Lawsuit,
and any prior version thereof, will not be posted or available on any website controlled by
the City of Port Townsend. The Parties understand and agree that this document, and any
prior version thereof, may be available to the public if a request for this document is made
under the Public Records Act, Chapter 42.56 RCW.
12. Within three business days of Plaintiff's receipt of the settlement funds as set forth
in paragraph 2, and as a material condition of this Agreement, Plaintiff, through counsel,
shall file a stipulated dismissal of the Lawsuit, with prejudice and with all Parties to bear
their own costs and fees, under Fed. R. Civ. Pro. 41(a)(1)(ii). Plaintiff is authorized to sign
such stipulated dismissal on behalf of Defendants' counsel.
13. Plaintiff agrees to satisfy all debts and liens for medical payments, medical
providers, insurance payments, disability payments, wage loss, and attorney's fees and
costs, and any and all outstanding liens by, or debts owed to any source whatsoever,
related to claims asserted in the Lawsuit, including but not limited to any liens by
insurance companies, worker's compensation agencies, medical providers, Medicare, the
Washington Department of Social and Health Services (DSHS), Medicaid, or otherwise
as part of the settlement proceeds. In the event that a lienholder seeks repayment from
any of Defendants' Released Parties, Plaintiff agrees to defend, indemnify and hold
Defendants' Released Parties, harmless from any and all such liens.
14. The Parties represent and warrant that they have fully read this Agreement, that
they understand its meaning and effect, and that they voluntarily enter into this
Agreement with full knowledge of what they are surrendering thereby. The Parties further
represent and warrant that no representations, statements, or warranties have been made
by Defendants or by any attorney, agent or other person representing Defendants, in
connection with this Agreement, not contained herein. Plaintiff represents that she has
had the benefit of legal counsel of her own choosing in connection with Lawsuit and this
Agreement. Plaintiff agrees that the counsel of her choosing has fully explained the
meaning and effect of this Agreement to her such that she understands the force and effect
of all provisions of this Agreement.
15. This Agreement embodies the entire agreement between, among and on behalf of
the Parties, and there are no other collateral understandings or agreements of any type
between the Parties. This Agreement may not be modified or altered except by a writing
duly signed and acknowledged by the Party against whom it is sought to be enforced.
16. This Agreement shall be construed and interpreted in accordance with the laws of
the State of Washington.
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17. This Agreement was drafted by all Parties, with the assistance of their independent
legal counsel, who had equal right to draft or edit language. It follows that this Agreement
will not be construed against any Party on the basis that the Party drafted the Agreement.
18. The undersigned agrees that scanned or emailed copies of the signature and
notarization will have the same force and effect of original signature and notarization. The
Parties further agree that this Agreement may be executed in counterparts and all such
executed counterparts shall constitute one Agreement, binding on all the parties hereto,
notwithstanding the fact that all the parties hereto are not signatories to the original or to
the same counterpart. However, this Agreement shall be effective only when it has been
executed by all the parties to this Agreement.
[SIGNATURE BLOCKS ON FOLLOWING PAGE]
156990145.1 Julie Jaman v City of Port Townsend, et al.
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Plaintiff Julie Jaman-.
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Defendant Wendy Bart:
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Defendant Rowen DeLuna:
Executed this Day of ---- ----------------- - 2025:
Defendant Erin Hawkins:
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Defendant Erin Hawkins
Docusign Envelope ID: 334951AE-AB8F-4F2A-9A3F-D1083FF97038
Plaintiff Julie Jaman:
Executed this Day of , 2025:
Defendant City of Port Townsend:
Executed this 2 Day of May , 2025:
Defendant John Mauro:
Executed this 2 Day of �, 2025:
Defendant Olympic Peninsula Young
Men's Christian Association:
Executed this Day of , 2025:
Defendant Wendy Bart:
Executed this Day of , 2025:
Defendant Rowen DeLuna:
Executed this Date Day of Month , 2025:
Defendant Erin Hawkins:
Executed this Day of , 2025:
156990145.1 Julie Jaman v City of Port Townsend, et al.
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Plaintiff Julie Jaman
By: John Mauro, City Manager
Ile n ant John Mauro
By: Wendy Bart, CEO
Defendant Wendy Bart
Signed by:
1ill—v�'Rowen DeLuna
Defendant Erin Hawkins
Plaintiff Julie Jaman:
Executed this Day of -, 2025:
Defendant City of Port Townsend:
Executed this Day Of -, 2025:
Defendant John Mauro:
Executed this Day Of -, 2025:
Defendant Olympic Peninsula Young
Men's Christian Association:
�,
Executed this "Day " Day of N*, 2025:
Defendant Wendy Bart:
Executed this Day of MW 2025:
Defendant Rowen DeLuna:
Executed this Day Of _, 2025'.
Executed this Day Of _, 2025:
156990145, 1 Julie Jaman v City of Port Townsend, et al.
Release and Settlement Agreement - 6 of 6
Plaintiff Julie Jaman
By: John Mauro, City Manager
Defendant John Mauro
CEO
USE Emn
.ndy Bart
Defendant Rowen DeLuna
Defendant Erin Hawkins
Plaintiff Julie Jaman:
Executed this Day of , 2025:
Defendant City of Port Townsend:
Executed this 2 Day of May , 2025:
Defendant John Mauro:
Executed this 2 Day of �, 2025:
Defendant Olympic Peninsula Young
Men's Christian Association:
Executed this Day of , 2025:
Defendant Wendy Bart:
Executed this Day of , 2025:
Defendant Rowen DeLuna:
Executed this Day of , 2025:
Defendant Erin Hawkins:
Executed this 21 Day of May , 2025:
156990145.1 Julie Jaman v City of Port Townsend, et al.
Release and Settlement Agreement - 6 of 6
Plaintiff Julie Jaman
By: John Mauro, City Manager
Ile n ant John Mauro
By: Wendy Bart, CEO
Defendant Wendy Bart
Defendant Rowen DeLuna
Defendant Erin Hawkins