Preview
FILED: NASSAU COUNTY CLERK 04/15/2024 02:48 PM INDEX NO. 612930/2021
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SETTLEMENT AGREEMENT
THIS SETTLEMENT AGREEMENT (“Agreement”), made and effective this --- 1
day of September, 2022, by and between Altagracia B. Pierre-Outerbridge, in her individual
capacity (“Outerbridge”), Altagracia B. Pierre-Outerbridge, as Administrator of the Estate of
Lindrick Arthur Outerbridge (“APO Administrator”), Altagracia B. Pierre-Outerbridge, as
Guardian of the Property of Andrick A. Outerbridge (“APO Guardian”), and Jennie Davenport
a/k/a Jennie Outerbridge (“Davenport”) (each party hereto a “Party” and collectively the
“Parties”).
WHEREAS, Lindrick Arthur Outerbridge (a.k.a. Lindrick Outerbridge) (the “Decedent”)
passed away on April 17, 2021 (the “Date of Death”), in New York;
WHEREAS, Outerbridge is the Decedent’s former spouse, the Administrator of the Estate
of Lindrick Arthur Outerbridge (the “Estate”), and the Guardian of the Property of Andrick A.
Outerbridge;
WHEREAS, Andrick A. Outerbridge is the only child and sole heir of the Decedent (the
“Andrick” or “Sole Heir”);
WHEREAS, on or about January 5, 2021, Outerbridge filed a petition in Surrogate’s Court
of the State of New York, County of New York, seeking Letters of Guardianship 17 with
Limitations Property Only for Andrick A. Outerbridge, File No. 2021-2327;
WHEREAS, there is a Domestic Relations Order (“DRO”) dated December 16, 2021,
which is based on a Stipulation dated March 4, 2019, entered into between Outerbridge and the
Decedent in their dissolution of marriage proceeding in Nassau County Supreme Court, Index No.
202556/2017 (the “Stipulation”);
WHEREAS, pursuant to the DRO, 24% of the Decedent’s Qualified Pension Plan pre-
retirement death benefit at the Teachers’ Retirement System of the City of New York (“TRS”) is
to be disbursed to Outerbridge, in the amount of approximately $87,401.00;
WHEREAS, in or around June, 2021, Outerbridge filed a Petition for Letters of
Administration in Surrogate’s Court of the State of New York, County of Nassau, File No. 2021-
2490, seeking Letters of Administration with respect to the Estate of the Decedent (the
“Administration Proceeding”);
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WHEREAS, Letters of Administration were issued to Outerbridge in the Administration
Proceeding on August 25, 2021 and have thereafter been renewed and amended;
WHEREAS, on or about September 9, 2021, Outerbridge commenced an action in
Supreme Court, State of New York, County of New York, Index No. 158320/2021, entitled
Altagracia B. Pierre-Outerbridge v. Natalie Adams, seeking an injunction and setting forth claims
of libel per se, intentional infliction of emotional distress, harassment and extortion (the “Libel
Action”);
WHEREAS, on or about October 10, 2021, Outerbridge, APO Administrator and APO
Guardian filed a petition in Surrogate’s Court of the State of New York, County of Nassau, File
No. 2021-2490/A, entitled In the Matter of the Amended Petition of Altagracia B. Pierre-
Outerbridge, in her Individual Capacity, as Guardian of the Property of Andrick A. Outerbridge,
and as the administrator of the Estate of Lindrick Arthur Outerbridge (a.k.a. Lindrick
Outerbridge) deceased (“Petitioner”), For a Decree Directing Teachers’ Retirement System of
the City of New York (“TRS”) to Turnover Property Withheld, seeking turnover of Decedent’s
Pension with TRS, to which Davenport has made a claim (the “TRS Turnover Action”);
WHEREAS, on or about October 10, 2021, Outerbridge, APO Administrator and APO
Guardian filed a petition in Surrogate’s Court of the State of New York, County of Nassau, File
No. 2021-2490/D, entitled In the Matter of the Amended Petition of Altagracia B. Pierre-
Outerbridge, in her Individual Capacity, as Guardian of the Property of Andrick A. Outerbridge,
and as the administrator of the Estate of Lindrick Arthur Outerbridge (a.k.a. Lindrick
Outerbridge) deceased (“Petitioner”), For a Decree Directing The Vanguard Group, Inc. and
United Federation of Teachers to Turnover Property Withheld, seeking a turnover of funds
belonging to the Decedent with Vanguard and UFT Welfare Fund, to which Davenport has made
a claim (the “Vanguard/UFT Turnover Action”);
WHEREAS, on or about October 11, 2021, APO Administrator commenced an action in
Supreme Court of the State of New York, County of Nassau, Index No. 612930/2021, entitled
Altagracia B. Pierre-Outerbridge, as Administrator of the Estate of Lindrick Arthur Outerbridge
(a.k.a. Lindrick Outerbridge), deceased, against Camnine Outerbridge, Ruben Outerbridge, Reese
Outerbridge, Jennie Davenport (a.k.a. Jennie Outerbridge), Keith Outerbridge, Elijah Davenport,
John Doe and Jane Doe, for ejectment and use and occupancy with respect to property belonging
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to the Estate of Lindrick Arthur Outerbridge located at 49 Gold Street, Valley Stream, NY
(“Property”) (the “Ejectment Action”);
WHEREAS, on or about October 12, 2021, APO Administrator commenced an action in
the Supreme Court of the State of New York, County of New York, Index No. 612957/2021,
entitled Altagracia B. Pierre-Outerbridge, as Administrator of the Estate of Lindrick Arthur
Outerbridge (a.k.a. Lindrick Outerbridge), deceased, against Jennie Davenport (a.k.a Jennie
Outerbridge) and Camnine Outerbridge, for conversion and theft of property belonging to the
Estate of Lindrick Arthur Outerbridge (the “Conversion Action”);
WHEREAS, on or about February 15, 2022, APO Guardian commenced an action in the
Supreme Court of the State of New York, County of New York, Index No. 151413/2022 entitled
Altagracia B. Pierre-Outerbridge, as legal guardian of and on behalf of A.O. against Jennie
Davenport (a.k.a. Jennie Outerbridge) and Camnine Outerbridge, for unlawful sepulcher,
intentional inflection of emotional distress and seeking a turnover of the ashes of the Decedent (the
“Sepulcher Action”);
WHEREAS, Davenport is the sister of the Decedent;
WHEREAS, on March 22, 2022, Davenport filed a petition under Chapter 13 of the
Bankruptcy Code in the United States Bankruptcy Court for the Central District of California,
Riverside Division, Case No. 22-bk-11041-WJ (the “Bankruptcy Action”);
WHEREAS, on April 5, 2022, Davenport filed sworn Schedules in the Bankruptcy Action;
WHEREAS, in her Schedule A/B, Davenport identified an alleged interest in an “Inherited
Pension” which she described as “Teacher’s Retirement System of the City of New York” which
she claimed that the Decedent left to Davenport but was frozen due to claims made by Outerbridge
on behalf of Decedent’s son (the “TRS Account”);
WHEREAS, Davenport valued her interest in the TRS Account at $449,247.44;
WHEREAS, Outerbridge contended that no portion of the TRS Account is property of the
bankruptcy estate, having filed the TRS Turnover Action for, inter alia, a determination that
Davenport is not the proper beneficiary of the TRS Account and is not entitled to any portion of
the funds in the TRS Account;
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WHEREAS, on or about June 8, 2022, Outerbridge, as Administrator of the Estate of the
Decedent, filed a Motion for Relief from the Automatic Stay (the “MFRS”) in the Bankruptcy
Action with respect to the TRS Turnover Action, the Vanguard/UFT Turnover Action, the
Ejectment Action, the Sepulcher Action, and the Conversion Action;
WHEREAS, Davenport swears and affirms under penalty of perjury that she is presently
not aware of any other accounts except for those listed in the Conversion Action. Based on this
material representation, Outerbridge and Davenport enter into the herein Agreement.
WHEREAS, after hearing argument on the MFRS on June 29, 2022, the court in the
Bankruptcy Action continued the hearing on the MFRS and ordered supplemental briefing;
WHEREAS, the next hearing date with respect to the MFRS is August 10, 2022;
WHEREAS, the confirmation hearing in the Bankruptcy Action is scheduled for
September 26, 2022;
NOW, THEREFORE, in consideration of the execution of the Agreement and the mutual
promises, undertaking, and commitments contained herein and other good and valuable
consideration the Parties to the Agreement have received, the receipt and sufficiency of which are
hereby acknowledged, the Parties agree as follows:
1. Pension Funds: As of today, the pension funds equal approximately $449,247.44 (four
hundred forty nine thousand two hundred forty seven dollars and forty four cents)
comprising approximately $364,171.79 (three hundred sixty four thousand one
hundred seventy one thousand dollars and seventy nine cents) in QPP preretirement
death benefits, including the portion of these death benefits awarded by the DRO, and
a TDA of approximately $85,075.65 (eighty five thousand seventy five dollars and
sixty five cents) (the “Pension Funds”).
2. Disbursement Pursuant to DRO: Pursuant to the DRO Order, twenty-four percent
(24%) of the QPP Funds shall be distributed to Outerbridge. Outerbridge shall make
application to TRS for this distribution of funds from the QPP Funds within thirty (30)
days of the date of this TRS Agreement.
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3. Disbursement to Davenport: On or after November 1, 2022, Davenport is authorized
to make application to TRS for a distribution of nineteen percent (19%) of the QPP
Funds.
4. Disbursement to the Estate of Lindrick Arthur Outerbridge: On or after December
1, 2022, APO Administrator is authorized to make application to TRS for a distribution
of the remaining fifty-seven percent (57%) of the QPP Funds and for a distribution of
one-hundred percent (100%) of the TDA Funds.
5. TRS Death Benefits: The parties recognize that the amount of the Pension Funds may
fluctuate, as the amounts are estimates. For this reason, the amounts are listed in
percentages.
6. Division and Payment of TRS Benefits
a. Qualified Pension Plan benefits
The Decedent’s Qualified Pension Plan pre-retirement death benefit beneficiaries,
including the designation in favor of Outerbridge in accordance with the DRO on
file, shall be designated as follows:
Altagracia B. Pierre-Outerbridge: 24%, in accordance with the DRO on file.
Jennie Davenport: 19%
The Estate of Lindrick Arthur Outerbridge: 57%
b. Tax Deferred Annuity Benefits
The Decedent’s Tax Deferred Annuity death benefit beneficiaries shall be
designated as follows:
The Estate of Lindrick Arthur Outerbridge: 100%
c. Before starting the claims process to issue payments to the beneficiaries other
than Outerbridge, TRS requires proof that the Temporary Restraining Order
dated October 7, 2021 issued by the Nassau County Surrogate Court in the case
In Re Pierre-Outerbridge (File No. 2021-2490) (the “TRO”) has been lifted.
d. TRS’ responsibility in connection with this settlement is limited to
implementing the beneficiary designation specified in this Section 6 of the TRS
Settlement and processing claims for these benefits submitted by the designated
beneficiaries in the normal course of business. In accordance with TRS’ regular
processing timeframe, once the above prerequisites are satisfied and a
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beneficiary submits a valid claim and any required supporting documentation,
TRS may take several months to review the claim and issue payment.
7. Total Settlement Funds: The Total Settlement Funds are as follows: The United
Federation of Teachers Welfare Fund account contains $6,000.00 (six thousand dollars) (the "UFT
Welfare Fund Account"). The Vanguard Group, Inc. account contains $14,378.30 (fourteen
thousand three hundred seventy-eight dollars and thirty cents) (the "Vanguard Account").
Collectively, the Pension after QRDO, the UFT Account and the Vanguard Account total
approximately $382,224.50 (three hundred eighty-two thousand two hundred twenty-four
thousand dollars and fifty cents) (the "Total Settlement Funds").
8. Disbursement of Portion of Total Settlement Funds to Davenport: The
following shall be disbursed to Davenport:
a. the $6,000.00 (six thousand dollars) in the UFT Welfare Fund Account;
b. the $14,378.30 (fourteen thousand three hundred seventy-eight dollars and
thirty cents) in the Vanguard Account; and
c. 19% of the QPP Funds as set forth above.
d. Notwithstanding the actual value of each of the accounts listed in a. through c.,
~ ·~Qr, Davenport shall receive the total sum ofNinety Thousand Dollars ($90,000.00).
/'1:c,11''\\ In the event that the amount paid by TRS to Davenport is less than $90,000,
, \\ tIJI''-"'\:'~ ~ k Outerbridge will pay the difference to Davenport, such that the total amount
~~l\X'"-!Je,l ,~ received by Davenport equals $90,000, within 15 days of the payment By T RS
O ;J~ ~\ • ~~~to
\0 C,«'.-~-,-1-lf-~e-)U \
Davenport. In the event that the amount paid by TRS to Davenport exceeds
$90,000, Davenport will pay any amount in excess of $90,000 to Outerbridge
'o ~1,~-)
11\ {,
j ¥oo~ : ~~I I
within 15 days of rece i 11 of the final a ment. D,n ,ort sha 11 , rovide , roof
;;:unts received within 5 day, of the payment.reeeipt ef the paymeat
iv)~,Of \ Disbursement of Pension Funds After Settlement: Pension funds distributed to
the Estate in connection with this Settlement will be distributed to or rolled over
~lJJ .{)at, '\ into a qualified account for the benefit of Andrick. Outerbridge, in any of her
ft\ .. o.._'1,'v capacities, waives any right to payment of fees, costs, legal fees, etc. from the
~ Pension Funds.
Execution of Additional Documents. The Parties agree that they shall fully
cooperate with all due speed and diligence and provide, execute, etc. any and all
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documents necessary or requested for the disbursement of all funds as set forth
above within three (3) business days and take all additional steps which may be
necessary or convenient to consummate this Agreement and accomplish the
purposes thereof.
11. Ashes of the Decedent: Davenport agrees to surrender the Decedent’s Ashes as
defined below to Outerbridge for the benefit of Andrick within ten (10) days of the
execution of this Agreement. Outerbridge has been advised that such remaining
ashes are contained in a locket that Davenport purchased for Andrick (“Ashes”) and
its contents are the sole ashes that remain. The Ashes shall be sent to Outerbridge
at the following address where signature upon delivery will be required:
Outerbridge Law P.C. 250 Park Ave, 7th Floor, Suite 7020, New York, New York
10177.
12. Unauthorized Transaction: As of the date of execution of this Agreement, except
for previously refunded amounts, Outerbridge swears and affirms that she, in any
capacity, will not seek the refund or return of any funds previously disbursed to
Davenport. Based upon this representation, Davenport agrees that she shall not
interfere with any refunds of amounts refunded or returned by any financial
institution concerning any transactions deemed unauthorized by another party not
released in this Agreement, and with the exception of defending herself against any
such action that may be brought against her by someone other than a party named
in this Agreement. If any such funds are returned or refunded to Davenport,
Davenport shall return such funds to the Estate within three (3) business days via
bank check written to the Estate of Lindrick Arthur Outerbridge and shall deliver
such check to Outerbridge, as Administrator of the Estate.
13. Communication Limitation: Davenport agrees not to contact Outerbridge in any
capacity or Andrick until he reaches the age of eighteen (18) years old, or until a
court of competent jurisdiction enters an order allowing Davenport to contact
Andrick/altering this provision of the Agreement which Davenport reserves the
right to seek from such court of competent jurisdiction. Outerbridge in all capacities
reserves all defenses. Davenport shall not contact Outerbridge Law or any
endeavors involving Outerbridge. Davenport shall not induce any other individuals
to contact Outerbridge or Andrick until he reaches the age of eighteen (18) years
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old, or until a court of competent jurisdiction enters an order allowing Davenport
to contact Andrick/altering this provision of the Agreement which Davenport
reserves the right to seek from such court of competent jurisdiction. Outerbridge,
in any capacity, shall not contact Davenport or any of the other parties released in
this Agreement. As of the date of execution of this agreement, Outerbridge shall
not induce any other individuals within her control to contact Davenport or any of
the other parties released in this Agreement except to enforce the terms of this
Agreement.
14. Withdrawal of the MFRS: The Parties shall execute a stipulation to withdraw the
MFRS upon execution of this Agreement.
IS. Dismissal of Bankruptcy Action: Davenport shall voluntarily dismiss the
Bankruptcy Action within ten (10) days after the MFRS is withdrawn.
I6. Dismissal of All Actions Against Davenport and all Davenport Released
Parties: Outerbridge swears and affirms under penalty of perjury that she is not
presently aware of any other actions brought by her or anyone within her control
except for those listed below. Based on this material representation, Outerbridge
and Davenport enter into the herein Agreement. The actions commenced by
Outerbridge, APO Administrator and/or APO Guardian shall be discontinued as
follows:
a. The Libel Action: Upon execution of this Agreement, the Libel Action shall
be discontinued without prejudice, provided Defendant in that action executes
a stipulation to that effect. The permanent injunction obtained in that action
remains in full effect and Outerbridge shall be entitled to enforce the injunction
in the event of any breach thereof. The stipulation shall simply state that the
matter is discontinued wi+lt-without prejudice, but the permanent injunction
which shall remain in full force and effect.
b. The Sepulcher Action: The Sepulcher Action shall be discontinued with
prejudice upon receipt by Outerbridge of the Decedent's Ashes within ten (10)
days of the execution of this Agreement as set forth in Paragraph 11 above by
the filing of a Notice of Discontinuance. To the extent in Davenport's
possession, Davenport shall also provide, within ten ( 10) days of execution of
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this Agreement, a copy of the zoom funeral service/memorial service and a copy
of any notes by Decedent to Andrick.
c. The Ejectment Action: The Ejectment Action shall be discontinued with
prejudice and all motions shall be withdrawn upon the filing of a Stipulation of
Discontinuance. Stipulation shall simply say that matter is discontinued.
d. The Conversion Action: The Conversion Action shall be discontinued with
prejudice and all motions shall be withdrawn upon the filing of a Stipulation of
Discontinuance. Stipulation shall simply say that matter is discontinued.
e. The TRS Turnover Action: The Parties shall take any actions necessary to lift
the TRO and any other legal restraint preventing TRS from disbursing the
Decedent’s QPP and TDA death benefits in accordance with this Settlement.
The TRS Turnover Action shall then be discontinued with prejudice.
17. No Interference in Administration Proceeding. Davenport agrees that she
hereby waives all rights to participate in the Administration Proceeding. Davenport
agrees that she shall not interfere in any manner in the Administration Proceeding
or the administration of the Estate and shall not cause any other party to so interfere.
Davenport agrees that she shall not act or attempt to act as ultra vires administrator
of the Estate. Davenport agrees that she shall not purport to speak or act for the
Estate and shall not execute any documents or cash any checks or other funds
belonging to the Decedent or the Estate and agrees that she shall immediately turn
over any such funds to the Estate.
18. Release by Outerbridge. Altagracia B. Pierre-Outerbridge, in her individual
capacity, Altagracia B. Pierre-Outerbridge, as Administrator of the Estate of
Lindrick Arthur Outerbridge, Altagracia B. Pierre-Outerbridge, as Guardian of the
Property of Andrick A. Outerbridge , as RELEASOR(S), in consideration of the
terms contained herein, received from JENNIE DAVENPORT A/K/A JENNIE
OUTERBRIDGE (“RELEASEE”) on behalf of NATALIE ADAMS, CAMNINE
OUTERBRIDGE, RUBEN OUTERBRIDGE, REESE OUTERBRIDGE, KEITH
OUTERBRIDGE and ELIJAH DAVENPORT (“ADDITIONAL RELEASEES”),
as RELEASEE(S), receipt whereof is hereby acknowledged, releases and
discharges the RELEASEE(S), RELEASEE(S)’ officers, directors, shareholders,
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members, heirs, executors, administrators, successors, attorneys and assigns from
all actions, causes of action, suits, debts, dues, sums of money, accounts,
reckonings, bonds, bills, specialties, covenants, contracts, controversies,
agreements, promises, variances, trespasses, damages, judgments, extents,
executions, claims, and demands whatsoever, in law, admiralty or equity, which
against the RELEASEE(S), the RELEASOR(S), RELEASOR(S)' officers,
directors, shareholders, members, heirs, executors, administrators, successors,
attorneys and assigns ever had, now have or hereafter can, shall or may, have for,
upon or by reason of any matter, cause or thing whatsoever from the beginning of
the world to the day of the date of this AGREEMENT. This release is mutual
between Releasor, Releasee and Additional Releasees on the condition that the
Additional Releasees execute the general release, in the form annexed hereto as
Exhibit 1, and return such executed general release to Outerbridge within thirty
(30) days of the date of this Agreement. If one of the Additional Releasees fails to
execute this general release and return to Outerbridge as set forth herein,
Outerbridge’s release of that Additional Releasee shall be null and void. Davenport
shall ensure that this release has full force and effect but is not responsible for the
actions of the Additional Releasees; and their failure to execute the general release
form in Exhibit 1 shall in no way effect her release to or from the
RELEASOR/Outerbridge.
19. Waiver of Rights Under California Civil Code Section 1542. The Parties expressly
acknowledge that they received the advice of legal counsel concerning the provisions
of California Civil Code section 1542, and that they are familiar with the provisions of
California Civil Code section 1542, which provides as follows:
“A general release does not extend to claims which the creditor or releasing party
does not know or suspect to exist in his or her favor at the time of executing the
release and that, if known by him or her, would have materially affected his or her
settlement with the debtor or released party.”
20. The Parties further acknowledge that they may have sustained damage, loss, cost, or
expense that is presently unknown or unsuspected, and that such damage, loss, cost, or
expense as may have been sustained may give rise to additional damage, loss, cost, or
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expense in the future. Nevertheless, the Parties acknowledge that this Agreement has
been negotiated and agreed upon in light of this situation, and they hereby expressly
waive any and all rights that they have under California Civil Code section 1542, or
under any other state or federal law of similar effect, with respect to the releases
provided herein.
21. Release by Davenport. JENNIE DAVENPORT A/K/A JENNIE
OUTERBRIDGE, as RELEASOR(S), in consideration of the terms contained
herein received from ALTAGRACIA B. PIERRE-OUTERBRIDGE, as
RELEASEE(S), receipt whereof is hereby acknowledged, releases and discharges
the RELEASEE(S), RELEASEE(S)’ officers, directors, shareholders, members,
heirs, executors, administrators, successors, attorneys and assigns from all actions,
causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds,
bills, specialties, covenants, contracts, controversies, agreements, promises,
variances, trespasses, damages, judgments, extents, executions, claims, and
demands whatsoever, in law, admiralty or equity, which against the
RELEASEE(S), the RELEASOR(S), RELEASOR(S)' officers, directors,
shareholders, members, heirs, executors, administrators, successors, attorneys and
assigns ever had, now have or hereafter can, shall or may, have for, upon or by
reason of any matter, cause or thing whatsoever from the beginning of the world to
the day of the date of this AGREEMENT.
22. Integration of Entire Agreement. This Agreement contains the entire Agreement
of the Parties, and no representations, warranties, inducements or promises not
included herein by express provision or contained in a document or instrument
identified herein and executed contemporaneously herewith shall be binding on any
Party hereto.
23. Counterparts. This Agreement may be signed in counterparts, all of which
together shall constitute a single Agreement. This Agreement shall not be recorded.
Facsimile or Portable Document Format (“PDF”) signature by counsel or the
Parties shall be deemed binding for all purposes thereof, without necessity of an
original signature being thereafter required, and shall have the same force and effect
as an original signed counterpart. Each of the Parties hereby expressly forever
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waives any and all rights to raise the use of a facsimile machine or email to deliver
a signature.
24. Mutually Drafted. This Agreement is to be interpreted without regard to the
draftsman. The terms and intent of this Agreement, with respect to the rights and
obligations of all parties identified in this Agreement, shall be interpreted and
construed on the assumption that all parties participated equally in its drafting.
25. Reliance. Except as expressly set forth herein, the Parties acknowledge that they
have relied solely upon their own judgment, belief and knowledge of the existence,
nature and extent of each claim, demand, or cause of action that each Party may
have against the other(s), and that each such Party has not been influenced to any
extent in entering into this Agreement by any representation or statement regarding
any such claim, demand or cause of action made by any Party hereto. Each Party
also acknowledges that they have consulted with their attorney or have been given
the opportunity to consult with an attorney and knowingly and intentionally waived
said opportunity prior to entering into this Agreement.
26. Governing Law and Jurisdiction: This Agreement and any dispute hereunder
shall be construed pursuant to the laws of the State of New York or California. All
parties agree to submit to the personal jurisdiction of the appropriate state courts of
the State of New York. All parties waive any obligations to such venue being
improper including, without limitation, any claim of forum non conveniens,
provided the action is brought in the City of New York.
27. Waiver: The failure of a party to object to, or the waiver by any party of, one or
more breaches or violations of this Agreement shall not constitute a waiver or
limitation upon the right of such party to object to, or operate or be construed as a
waiver or estoppel of, any other breach or violation of this Agreement. No waiver
by any party of any breach of any right under this Agreement shall be valid unless
in writing and signed by an authorized representative of such party.
28. Binding Agreement: This Agreement is binding on the Parties hereto, their
representatives, partners, heirs, successors, officers, directors, administrators,
executors, assigns, agents, servants, shareholders, and employees.
29. Authorization: Each party hereto represents and warrants: (1) that he, she, or it has
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been duly authorized to execute and deliver this Agreement and to act in any
manner both necessary and proper to the exercise of the power to execute and
deliver this Agreement; and (2) this Agreement constitutes the valid and binding
obligation of such party hereto, enforceable against such party in accordance with
its terms.
30. Invalidity of Agreement: Should any provision of this Agreement be held invalid
or illegal, such illegalities shall not invalidate the whole of this Agreement, but
rather this Agreement shall be construed as if it did not contain the illegal part, and
the rights and obligations of the parties shall be construed and enforced accordingly.
31. Attorneys’ Fees: Each party shall bear the costs of their respective legal fees.
32.
33. Time is of the Essence. Time is of the essence in the performance of all obligations
under this Agreement.
34. Survival of Representations and Warranties: The Parties agree that all
representations and warranties made by them in this Agreement shall survive the
execution of this Agreement.
35. Headings. Headings in this Agreement are for convenience or reference only and
shall not limit or otherwise affect the meaning hereof.
36. Effect of Signing. By signing below, the Parties acknowledge that they have read
and understand this Agreement or have had this Agreement interpreted for them and
that by signing below they are acknowledging that they understand and agree that they
are bound by the terms of this Agreement.
37. Sealing. Outerbridge may move to seal all court records.
ALTAGRACIA B. PIERRE-OUTERBRIDGE
ALTAGRACIA B. PIERRE-OUTERBRIDGE,
13
FILED: NASSAU COUNTY CLERK 04/15/2024 02:48 PM INDEX NO. 612930/2021
NYSCEF DOC. NO. 108 RECEIVED NYSCEF: 04/15/2024
As Administrator of the Estate of Lindrick Arthur Outerbridge
-- - - ·-· ·- - - - . -.
IE DAVENPORT a/k/a JENNIE OUTERBRIDGE
Approved as to form;
ARTURO M. CISNEROS, ESQ.
MALCOLM CISNEROS
Counsel for Altagracia B. Pierre-Outerbridge,
As Administrator ofthe Estate ofLinc/rick Arthur Outerbridge
(in the Bankruptcy Action only)
3403 I 0th Street, Suite 714
Riverside, CA 9250 I
(951) 682-9705
SUMMER SHAW, ESQ.
SHAW & HANOVER
Counsel for Jennie Davenport alkla Jennie Outerbridge
(in the Bankruptcy Action only)
42-600 Cook Street, Suite 210
Palm Dese Ii, CA 92211
(760) 610-0000
14
FILED: NASSAU COUNTY CLERK 04/15/2024 02:48 PM INDEX NO. 612930/2021
NYSCEF DOC. NO. 108 RECEIVED NYSCEF: 04/15/2024
As Admi ni strato r of the !::state of Li ndrick 1\rthur Outcrbridgc
As Guardian of the Pro pe rty nf Andrick A. Outcrbridgc
Anprovcd ilS to form:
w~~-
RA RTURO .v1. c i sNERo s , 1-:so.
M 1\LCOLM C ISNEROS
Counsel.for Alragraciu B. Piern' -011/c•rhritf.e,c,
As .'ld111i11istrafor o/'llie E.1·tare oj'Undrick , lrtl/1/r 011tCl'hridge
(in the Bankruptcy Act.ion on ly)
3403 IO'h Street, S uite 7 14
lZivcrsick, CA 92501
(951) 682-9705
SUMME R SH.A, W, ES().
S I IA W & I f1\ NOVER
Co1111sd for .Jenni!' Dal'('IIJ)O/'f a//i/o .le1111ic' 0111crhridgc
(in the Bankruptcy 1\ ction only)
42-600 Conk Street, S uite 2 10
!'ai m Dcsc l i, CA 922 11
(7(,()) 610-0000
Preview
FILED: NASSAU COUNTY CLERK 04/15/2024 02:48 PM INDEX NO. 612930/2021 NYSCEF DOC. NO. 108 RECEIVED NYSCEF: 04/15/2024 SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT (“Agreement”), made and effective this --- 1 day of September, 2022, by and between Altagracia B. Pierre-Outerbridge, in her individual capacity (“Outerbridge”), Altagracia B. Pierre-Outerbridge, as Administrator of the Estate of Lindrick Arthur Outerbridge (“APO Administrator”), Altagracia B. Pierre-Outerbridge, as Guardian of the Property of Andrick A. Outerbridge (“APO Guardian”), and Jennie Davenport a/k/a Jennie Outerbridge (“Davenport”) (each party hereto a “Party” and collectively the “Parties”). WHEREAS, Lindrick Arthur Outerbridge (a.k.a. Lindrick Outerbridge) (the “Decedent”) passed away on April 17, 2021 (the “Date of Death”), in New York; WHEREAS, Outerbridge is the Decedent’s former spouse, the Administrator of the Estate of Lindrick Arthur Outerbridge (the “Estate”), and the Guardian of the Property of Andrick A. Outerbridge; WHEREAS, Andrick A. Outerbridge is the only child and sole heir of the Decedent (the “Andrick” or “Sole Heir”); WHEREAS, on or about January 5, 2021, Outerbridge filed a petition in Surrogate’s Court of the State of New York, County of New York, seeking Letters of Guardianship 17 with Limitations Property Only for Andrick A. Outerbridge, File No. 2021-2327; WHEREAS, there is a Domestic Relations Order (“DRO”) dated December 16, 2021, which is based on a Stipulation dated March 4, 2019, entered into between Outerbridge and the Decedent in their dissolution of marriage proceeding in Nassau County Supreme Court, Index No. 202556/2017 (the “Stipulation”); WHEREAS, pursuant to the DRO, 24% of the Decedent’s Qualified Pension Plan pre- retirement death benefit at the Teachers’ Retirement System of the City of New York (“TRS”) is to be disbursed to Outerbridge, in the amount of approximately $87,401.00; WHEREAS, in or around June, 2021, Outerbridge filed a Petition for Letters of Administration in Surrogate’s Court of the State of New York, County of Nassau, File No. 2021- 2490, seeking Letters of Administration with respect to the Estate of the Decedent (the “Administration Proceeding”); 1 FILED: NASSAU COUNTY CLERK 04/15/2024 02:48 PM INDEX NO. 612930/2021 NYSCEF DOC. NO. 108 RECEIVED NYSCEF: 04/15/2024 WHEREAS, Letters of Administration were issued to Outerbridge in the Administration Proceeding on August 25, 2021 and have thereafter been renewed and amended; WHEREAS, on or about September 9, 2021, Outerbridge commenced an action in Supreme Court, State of New York, County of New York, Index No. 158320/2021, entitled Altagracia B. Pierre-Outerbridge v. Natalie Adams, seeking an injunction and setting forth claims of libel per se, intentional infliction of emotional distress, harassment and extortion (the “Libel Action”); WHEREAS, on or about October 10, 2021, Outerbridge, APO Administrator and APO Guardian filed a petition in Surrogate’s Court of the State of New York, County of Nassau, File No. 2021-2490/A, entitled In the Matter of the Amended Petition of Altagracia B. Pierre- Outerbridge, in her Individual Capacity, as Guardian of the Property of Andrick A. Outerbridge, and as the administrator of the Estate of Lindrick Arthur Outerbridge (a.k.a. Lindrick Outerbridge) deceased (“Petitioner”), For a Decree Directing Teachers’ Retirement System of the City of New York (“TRS”) to Turnover Property Withheld, seeking turnover of Decedent’s Pension with TRS, to which Davenport has made a claim (the “TRS Turnover Action”); WHEREAS, on or about October 10, 2021, Outerbridge, APO Administrator and APO Guardian filed a petition in Surrogate’s Court of the State of New York, County of Nassau, File No. 2021-2490/D, entitled In the Matter of the Amended Petition of Altagracia B. Pierre- Outerbridge, in her Individual Capacity, as Guardian of the Property of Andrick A. Outerbridge, and as the administrator of the Estate of Lindrick Arthur Outerbridge (a.k.a. Lindrick Outerbridge) deceased (“Petitioner”), For a Decree Directing The Vanguard Group, Inc. and United Federation of Teachers to Turnover Property Withheld, seeking a turnover of funds belonging to the Decedent with Vanguard and UFT Welfare Fund, to which Davenport has made a claim (the “Vanguard/UFT Turnover Action”); WHEREAS, on or about October 11, 2021, APO Administrator commenced an action in Supreme Court of the State of New York, County of Nassau, Index No. 612930/2021, entitled Altagracia B. Pierre-Outerbridge, as Administrator of the Estate of Lindrick Arthur Outerbridge (a.k.a. Lindrick Outerbridge), deceased, against Camnine Outerbridge, Ruben Outerbridge, Reese Outerbridge, Jennie Davenport (a.k.a. Jennie Outerbridge), Keith Outerbridge, Elijah Davenport, John Doe and Jane Doe, for ejectment and use and occupancy with respect to property belonging 2 FILED: NASSAU COUNTY CLERK 04/15/2024 02:48 PM INDEX NO. 612930/2021 NYSCEF DOC. NO. 108 RECEIVED NYSCEF: 04/15/2024 to the Estate of Lindrick Arthur Outerbridge located at 49 Gold Street, Valley Stream, NY (“Property”) (the “Ejectment Action”); WHEREAS, on or about October 12, 2021, APO Administrator commenced an action in the Supreme Court of the State of New York, County of New York, Index No. 612957/2021, entitled Altagracia B. Pierre-Outerbridge, as Administrator of the Estate of Lindrick Arthur Outerbridge (a.k.a. Lindrick Outerbridge), deceased, against Jennie Davenport (a.k.a Jennie Outerbridge) and Camnine Outerbridge, for conversion and theft of property belonging to the Estate of Lindrick Arthur Outerbridge (the “Conversion Action”); WHEREAS, on or about February 15, 2022, APO Guardian commenced an action in the Supreme Court of the State of New York, County of New York, Index No. 151413/2022 entitled Altagracia B. Pierre-Outerbridge, as legal guardian of and on behalf of A.O. against Jennie Davenport (a.k.a. Jennie Outerbridge) and Camnine Outerbridge, for unlawful sepulcher, intentional inflection of emotional distress and seeking a turnover of the ashes of the Decedent (the “Sepulcher Action”); WHEREAS, Davenport is the sister of the Decedent; WHEREAS, on March 22, 2022, Davenport filed a petition under Chapter 13 of the Bankruptcy Code in the United States Bankruptcy Court for the Central District of California, Riverside Division, Case No. 22-bk-11041-WJ (the “Bankruptcy Action”); WHEREAS, on April 5, 2022, Davenport filed sworn Schedules in the Bankruptcy Action; WHEREAS, in her Schedule A/B, Davenport identified an alleged interest in an “Inherited Pension” which she described as “Teacher’s Retirement System of the City of New York” which she claimed that the Decedent left to Davenport but was frozen due to claims made by Outerbridge on behalf of Decedent’s son (the “TRS Account”); WHEREAS, Davenport valued her interest in the TRS Account at $449,247.44; WHEREAS, Outerbridge contended that no portion of the TRS Account is property of the bankruptcy estate, having filed the TRS Turnover Action for, inter alia, a determination that Davenport is not the proper beneficiary of the TRS Account and is not entitled to any portion of the funds in the TRS Account; 3 FILED: NASSAU COUNTY CLERK 04/15/2024 02:48 PM INDEX NO. 612930/2021 NYSCEF DOC. NO. 108 RECEIVED NYSCEF: 04/15/2024 WHEREAS, on or about June 8, 2022, Outerbridge, as Administrator of the Estate of the Decedent, filed a Motion for Relief from the Automatic Stay (the “MFRS”) in the Bankruptcy Action with respect to the TRS Turnover Action, the Vanguard/UFT Turnover Action, the Ejectment Action, the Sepulcher Action, and the Conversion Action; WHEREAS, Davenport swears and affirms under penalty of perjury that she is presently not aware of any other accounts except for those listed in the Conversion Action. Based on this material representation, Outerbridge and Davenport enter into the herein Agreement. WHEREAS, after hearing argument on the MFRS on June 29, 2022, the court in the Bankruptcy Action continued the hearing on the MFRS and ordered supplemental briefing; WHEREAS, the next hearing date with respect to the MFRS is August 10, 2022; WHEREAS, the confirmation hearing in the Bankruptcy Action is scheduled for September 26, 2022; NOW, THEREFORE, in consideration of the execution of the Agreement and the mutual promises, undertaking, and commitments contained herein and other good and valuable consideration the Parties to the Agreement have received, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Pension Funds: As of today, the pension funds equal approximately $449,247.44 (four hundred forty nine thousand two hundred forty seven dollars and forty four cents) comprising approximately $364,171.79 (three hundred sixty four thousand one hundred seventy one thousand dollars and seventy nine cents) in QPP preretirement death benefits, including the portion of these death benefits awarded by the DRO, and a TDA of approximately $85,075.65 (eighty five thousand seventy five dollars and sixty five cents) (the “Pension Funds”). 2. Disbursement Pursuant to DRO: Pursuant to the DRO Order, twenty-four percent (24%) of the QPP Funds shall be distributed to Outerbridge. Outerbridge shall make application to TRS for this distribution of funds from the QPP Funds within thirty (30) days of the date of this TRS Agreement. 4 FILED: NASSAU COUNTY CLERK 04/15/2024 02:48 PM INDEX NO. 612930/2021 NYSCEF DOC. NO. 108 RECEIVED NYSCEF: 04/15/2024 3. Disbursement to Davenport: On or after November 1, 2022, Davenport is authorized to make application to TRS for a distribution of nineteen percent (19%) of the QPP Funds. 4. Disbursement to the Estate of Lindrick Arthur Outerbridge: On or after December 1, 2022, APO Administrator is authorized to make application to TRS for a distribution of the remaining fifty-seven percent (57%) of the QPP Funds and for a distribution of one-hundred percent (100%) of the TDA Funds. 5. TRS Death Benefits: The parties recognize that the amount of the Pension Funds may fluctuate, as the amounts are estimates. For this reason, the amounts are listed in percentages. 6. Division and Payment of TRS Benefits a. Qualified Pension Plan benefits The Decedent’s Qualified Pension Plan pre-retirement death benefit beneficiaries, including the designation in favor of Outerbridge in accordance with the DRO on file, shall be designated as follows: Altagracia B. Pierre-Outerbridge: 24%, in accordance with the DRO on file. Jennie Davenport: 19% The Estate of Lindrick Arthur Outerbridge: 57% b. Tax Deferred Annuity Benefits The Decedent’s Tax Deferred Annuity death benefit beneficiaries shall be designated as follows: The Estate of Lindrick Arthur Outerbridge: 100% c. Before starting the claims process to issue payments to the beneficiaries other than Outerbridge, TRS requires proof that the Temporary Restraining Order dated October 7, 2021 issued by the Nassau County Surrogate Court in the case In Re Pierre-Outerbridge (File No. 2021-2490) (the “TRO”) has been lifted. d. TRS’ responsibility in connection with this settlement is limited to implementing the beneficiary designation specified in this Section 6 of the TRS Settlement and processing claims for these benefits submitted by the designated beneficiaries in the normal course of business. In accordance with TRS’ regular processing timeframe, once the above prerequisites are satisfied and a 5 FILED: NASSAU COUNTY CLERK 04/15/2024 02:48 PM INDEX NO. 612930/2021 NYSCEF DOC. NO. 108 RECEIVED NYSCEF: 04/15/2024 beneficiary submits a valid claim and any required supporting documentation, TRS may take several months to review the claim and issue payment. 7. Total Settlement Funds: The Total Settlement Funds are as follows: The United Federation of Teachers Welfare Fund account contains $6,000.00 (six thousand dollars) (the "UFT Welfare Fund Account"). The Vanguard Group, Inc. account contains $14,378.30 (fourteen thousand three hundred seventy-eight dollars and thirty cents) (the "Vanguard Account"). Collectively, the Pension after QRDO, the UFT Account and the Vanguard Account total approximately $382,224.50 (three hundred eighty-two thousand two hundred twenty-four thousand dollars and fifty cents) (the "Total Settlement Funds"). 8. Disbursement of Portion of Total Settlement Funds to Davenport: The following shall be disbursed to Davenport: a. the $6,000.00 (six thousand dollars) in the UFT Welfare Fund Account; b. the $14,378.30 (fourteen thousand three hundred seventy-eight dollars and thirty cents) in the Vanguard Account; and c. 19% of the QPP Funds as set forth above. d. Notwithstanding the actual value of each of the accounts listed in a. through c., ~ ·~Qr, Davenport shall receive the total sum ofNinety Thousand Dollars ($90,000.00). /'1:c,11''\\ In the event that the amount paid by TRS to Davenport is less than $90,000, , \\ tIJI''-"'\:'~ ~ k Outerbridge will pay the difference to Davenport, such that the total amount ~~l\X'"-!Je,l ,~ received by Davenport equals $90,000, within 15 days of the payment By T RS O ;J~ ~\ • ~~~to \0 C,«'.-~-,-1-lf-~e-)U \ Davenport. In the event that the amount paid by TRS to Davenport exceeds $90,000, Davenport will pay any amount in excess of $90,000 to Outerbridge 'o ~1,~-) 11\ {, j ¥oo~ : ~~I I within 15 days of rece i 11 of the final a ment. D,n ,ort sha 11 , rovide , roof ;;:unts received within 5 day, of the payment.reeeipt ef the paymeat iv)~,Of \ Disbursement of Pension Funds After Settlement: Pension funds distributed to the Estate in connection with this Settlement will be distributed to or rolled over ~lJJ .{)at, '\ into a qualified account for the benefit of Andrick. Outerbridge, in any of her ft\ .. o.._'1,'v capacities, waives any right to payment of fees, costs, legal fees, etc. from the ~ Pension Funds. Execution of Additional Documents. The Parties agree that they shall fully cooperate with all due speed and diligence and provide, execute, etc. any and all 6 FILED: NASSAU COUNTY CLERK 04/15/2024 02:48 PM INDEX NO. 612930/2021 NYSCEF DOC. NO. 108 RECEIVED NYSCEF: 04/15/2024 documents necessary or requested for the disbursement of all funds as set forth above within three (3) business days and take all additional steps which may be necessary or convenient to consummate this Agreement and accomplish the purposes thereof. 11. Ashes of the Decedent: Davenport agrees to surrender the Decedent’s Ashes as defined below to Outerbridge for the benefit of Andrick within ten (10) days of the execution of this Agreement. Outerbridge has been advised that such remaining ashes are contained in a locket that Davenport purchased for Andrick (“Ashes”) and its contents are the sole ashes that remain. The Ashes shall be sent to Outerbridge at the following address where signature upon delivery will be required: Outerbridge Law P.C. 250 Park Ave, 7th Floor, Suite 7020, New York, New York 10177. 12. Unauthorized Transaction: As of the date of execution of this Agreement, except for previously refunded amounts, Outerbridge swears and affirms that she, in any capacity, will not seek the refund or return of any funds previously disbursed to Davenport. Based upon this representation, Davenport agrees that she shall not interfere with any refunds of amounts refunded or returned by any financial institution concerning any transactions deemed unauthorized by another party not released in this Agreement, and with the exception of defending herself against any such action that may be brought against her by someone other than a party named in this Agreement. If any such funds are returned or refunded to Davenport, Davenport shall return such funds to the Estate within three (3) business days via bank check written to the Estate of Lindrick Arthur Outerbridge and shall deliver such check to Outerbridge, as Administrator of the Estate. 13. Communication Limitation: Davenport agrees not to contact Outerbridge in any capacity or Andrick until he reaches the age of eighteen (18) years old, or until a court of competent jurisdiction enters an order allowing Davenport to contact Andrick/altering this provision of the Agreement which Davenport reserves the right to seek from such court of competent jurisdiction. Outerbridge in all capacities reserves all defenses. Davenport shall not contact Outerbridge Law or any endeavors involving Outerbridge. Davenport shall not induce any other individuals to contact Outerbridge or Andrick until he reaches the age of eighteen (18) years 7 FILED: NASSAU COUNTY CLERK 04/15/2024 02:48 PM INDEX NO. 612930/2021 NYSCEF DOC. NO. 108 RECEIVED NYSCEF: 04/15/2024 old, or until a court of competent jurisdiction enters an order allowing Davenport to contact Andrick/altering this provision of the Agreement which Davenport reserves the right to seek from such court of competent jurisdiction. Outerbridge, in any capacity, shall not contact Davenport or any of the other parties released in this Agreement. As of the date of execution of this agreement, Outerbridge shall not induce any other individuals within her control to contact Davenport or any of the other parties released in this Agreement except to enforce the terms of this Agreement. 14. Withdrawal of the MFRS: The Parties shall execute a stipulation to withdraw the MFRS upon execution of this Agreement. IS. Dismissal of Bankruptcy Action: Davenport shall voluntarily dismiss the Bankruptcy Action within ten (10) days after the MFRS is withdrawn. I6. Dismissal of All Actions Against Davenport and all Davenport Released Parties: Outerbridge swears and affirms under penalty of perjury that she is not presently aware of any other actions brought by her or anyone within her control except for those listed below. Based on this material representation, Outerbridge and Davenport enter into the herein Agreement. The actions commenced by Outerbridge, APO Administrator and/or APO Guardian shall be discontinued as follows: a. The Libel Action: Upon execution of this Agreement, the Libel Action shall be discontinued without prejudice, provided Defendant in that action executes a stipulation to that effect. The permanent injunction obtained in that action remains in full effect and Outerbridge shall be entitled to enforce the injunction in the event of any breach thereof. The stipulation shall simply state that the matter is discontinued wi+lt-without prejudice, but the permanent injunction which shall remain in full force and effect. b. The Sepulcher Action: The Sepulcher Action shall be discontinued with prejudice upon receipt by Outerbridge of the Decedent's Ashes within ten (10) days of the execution of this Agreement as set forth in Paragraph 11 above by the filing of a Notice of Discontinuance. To the extent in Davenport's possession, Davenport shall also provide, within ten ( 10) days of execution of 8 FILED: NASSAU COUNTY CLERK 04/15/2024 02:48 PM INDEX NO. 612930/2021 NYSCEF DOC. NO. 108 RECEIVED NYSCEF: 04/15/2024 this Agreement, a copy of the zoom funeral service/memorial service and a copy of any notes by Decedent to Andrick. c. The Ejectment Action: The Ejectment Action shall be discontinued with prejudice and all motions shall be withdrawn upon the filing of a Stipulation of Discontinuance. Stipulation shall simply say that matter is discontinued. d. The Conversion Action: The Conversion Action shall be discontinued with prejudice and all motions shall be withdrawn upon the filing of a Stipulation of Discontinuance. Stipulation shall simply say that matter is discontinued. e. The TRS Turnover Action: The Parties shall take any actions necessary to lift the TRO and any other legal restraint preventing TRS from disbursing the Decedent’s QPP and TDA death benefits in accordance with this Settlement. The TRS Turnover Action shall then be discontinued with prejudice. 17. No Interference in Administration Proceeding. Davenport agrees that she hereby waives all rights to participate in the Administration Proceeding. Davenport agrees that she shall not interfere in any manner in the Administration Proceeding or the administration of the Estate and shall not cause any other party to so interfere. Davenport agrees that she shall not act or attempt to act as ultra vires administrator of the Estate. Davenport agrees that she shall not purport to speak or act for the Estate and shall not execute any documents or cash any checks or other funds belonging to the Decedent or the Estate and agrees that she shall immediately turn over any such funds to the Estate. 18. Release by Outerbridge. Altagracia B. Pierre-Outerbridge, in her individual capacity, Altagracia B. Pierre-Outerbridge, as Administrator of the Estate of Lindrick Arthur Outerbridge, Altagracia B. Pierre-Outerbridge, as Guardian of the Property of Andrick A. Outerbridge , as RELEASOR(S), in consideration of the terms contained herein, received from JENNIE DAVENPORT A/K/A JENNIE OUTERBRIDGE (“RELEASEE”) on behalf of NATALIE ADAMS, CAMNINE OUTERBRIDGE, RUBEN OUTERBRIDGE, REESE OUTERBRIDGE, KEITH OUTERBRIDGE and ELIJAH DAVENPORT (“ADDITIONAL RELEASEES”), as RELEASEE(S), receipt whereof is hereby acknowledged, releases and discharges the RELEASEE(S), RELEASEE(S)’ officers, directors, shareholders, 9 FILED: NASSAU COUNTY CLERK 04/15/2024 02:48 PM INDEX NO. 612930/2021 NYSCEF DOC. NO. 108 RECEIVED NYSCEF: 04/15/2024 members, heirs, executors, administrators, successors, attorneys and assigns from all actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, extents, executions, claims, and demands whatsoever, in law, admiralty or equity, which against the RELEASEE(S), the RELEASOR(S), RELEASOR(S)' officers, directors, shareholders, members, heirs, executors, administrators, successors, attorneys and assigns ever had, now have or hereafter can, shall or may, have for, upon or by reason of any matter, cause or thing whatsoever from the beginning of the world to the day of the date of this AGREEMENT. This release is mutual between Releasor, Releasee and Additional Releasees on the condition that the Additional Releasees execute the general release, in the form annexed hereto as Exhibit 1, and return such executed general release to Outerbridge within thirty (30) days of the date of this Agreement. If one of the Additional Releasees fails to execute this general release and return to Outerbridge as set forth herein, Outerbridge’s release of that Additional Releasee shall be null and void. Davenport shall ensure that this release has full force and effect but is not responsible for the actions of the Additional Releasees; and their failure to execute the general release form in Exhibit 1 shall in no way effect her release to or from the RELEASOR/Outerbridge. 19. Waiver of Rights Under California Civil Code Section 1542. The Parties expressly acknowledge that they received the advice of legal counsel concerning the provisions of California Civil Code section 1542, and that they are familiar with the provisions of California Civil Code section 1542, which provides as follows: “A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” 20. The Parties further acknowledge that they may have sustained damage, loss, cost, or expense that is presently unknown or unsuspected, and that such damage, loss, cost, or expense as may have been sustained may give rise to additional damage, loss, cost, or 10 FILED: NASSAU COUNTY CLERK 04/15/2024 02:48 PM INDEX NO. 612930/2021 NYSCEF DOC. NO. 108 RECEIVED NYSCEF: 04/15/2024 expense in the future. Nevertheless, the Parties acknowledge that this Agreement has been negotiated and agreed upon in light of this situation, and they hereby expressly waive any and all rights that they have under California Civil Code section 1542, or under any other state or federal law of similar effect, with respect to the releases provided herein. 21. Release by Davenport. JENNIE DAVENPORT A/K/A JENNIE OUTERBRIDGE, as RELEASOR(S), in consideration of the terms contained herein received from ALTAGRACIA B. PIERRE-OUTERBRIDGE, as RELEASEE(S), receipt whereof is hereby acknowledged, releases and discharges the RELEASEE(S), RELEASEE(S)’ officers, directors, shareholders, members, heirs, executors, administrators, successors, attorneys and assigns from all actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, extents, executions, claims, and demands whatsoever, in law, admiralty or equity, which against the RELEASEE(S), the RELEASOR(S), RELEASOR(S)' officers, directors, shareholders, members, heirs, executors, administrators, successors, attorneys and assigns ever had, now have or hereafter can, shall or may, have for, upon or by reason of any matter, cause or thing whatsoever from the beginning of the world to the day of the date of this AGREEMENT. 22. Integration of Entire Agreement. This Agreement contains the entire Agreement of the Parties, and no representations, warranties, inducements or promises not included herein by express provision or contained in a document or instrument identified herein and executed contemporaneously herewith shall be binding on any Party hereto. 23. Counterparts. This Agreement may be signed in counterparts, all of which together shall constitute a single Agreement. This Agreement shall not be recorded. Facsimile or Portable Document Format (“PDF”) signature by counsel or the Parties shall be deemed binding for all purposes thereof, without necessity of an original signature being thereafter required, and shall have the same force and effect as an original signed counterpart. Each of the Parties hereby expressly forever 11 FILED: NASSAU COUNTY CLERK 04/15/2024 02:48 PM INDEX NO. 612930/2021 NYSCEF DOC. NO. 108 RECEIVED NYSCEF: 04/15/2024 waives any and all rights to raise the use of a facsimile machine or email to deliver a signature. 24. Mutually Drafted. This Agreement is to be interpreted without regard to the draftsman. The terms and intent of this Agreement, with respect to the rights and obligations of all parties identified in this Agreement, shall be interpreted and construed on the assumption that all parties participated equally in its drafting. 25. Reliance. Except as expressly set forth herein, the Parties acknowledge that they have relied solely upon their own judgment, belief and knowledge of the existence, nature and extent of each claim, demand, or cause of action that each Party may have against the other(s), and that each such Party has not been influenced to any extent in entering into this Agreement by any representation or statement regarding any such claim, demand or cause of action made by any Party hereto. Each Party also acknowledges that they have consulted with their attorney or have been given the opportunity to consult with an attorney and knowingly and intentionally waived said opportunity prior to entering into this Agreement. 26. Governing Law and Jurisdiction: This Agreement and any dispute hereunder shall be construed pursuant to the laws of the State of New York or California. All parties agree to submit to the personal jurisdiction of the appropriate state courts of the State of New York. All parties waive any obligations to such venue being improper including, without limitation, any claim of forum non conveniens, provided the action is brought in the City of New York. 27. Waiver: The failure of a party to object to, or the waiver by any party of, one or more breaches or violations of this Agreement shall not constitute a waiver or limitation upon the right of such party to object to, or operate or be construed as a waiver or estoppel of, any other breach or violation of this Agreement. No waiver by any party of any breach of any right under this Agreement shall be valid unless in writing and signed by an authorized representative of such party. 28. Binding Agreement: This Agreement is binding on the Parties hereto, their representatives, partners, heirs, successors, officers, directors, administrators, executors, assigns, agents, servants, shareholders, and employees. 29. Authorization: Each party hereto represents and warrants: (1) that he, she, or it has 12 FILED: NASSAU COUNTY CLERK 04/15/2024 02:48 PM INDEX NO. 612930/2021 NYSCEF DOC. NO. 108 RECEIVED NYSCEF: 04/15/2024 been duly authorized to execute and deliver this Agreement and to act in any manner both necessary and proper to the exercise of the power to execute and deliver this Agreement; and (2) this Agreement constitutes the valid and binding obligation of such party hereto, enforceable against such party in accordance with its terms. 30. Invalidity of Agreement: Should any provision of this Agreement be held invalid or illegal, such illegalities shall not invalidate the whole of this Agreement, but rather this Agreement shall be construed as if it did not contain the illegal part, and the rights and obligations of the parties shall be construed and enforced accordingly. 31. Attorneys’ Fees: Each party shall bear the costs of their respective legal fees. 32. 33. Time is of the Essence. Time is of the essence in the performance of all obligations under this Agreement. 34. Survival of Representations and Warranties: The Parties agree that all representations and warranties made by them in this Agreement shall survive the execution of this Agreement. 35. Headings. Headings in this Agreement are for convenience or reference only and shall not limit or otherwise affect the meaning hereof. 36. Effect of Signing. By signing below, the Parties acknowledge that they have read and understand this Agreement or have had this Agreement interpreted for them and that by signing below they are acknowledging that they understand and agree that they are bound by the terms of this Agreement. 37. Sealing. Outerbridge may move to seal all court records. ALTAGRACIA B. PIERRE-OUTERBRIDGE ALTAGRACIA B. PIERRE-OUTERBRIDGE, 13 FILED: NASSAU COUNTY CLERK 04/15/2024 02:48 PM INDEX NO. 612930/2021 NYSCEF DOC. NO. 108 RECEIVED NYSCEF: 04/15/2024 As Administrator of the Estate of Lindrick Arthur Outerbridge -- - - ·-· ·- - - - . -. IE DAVENPORT a/k/a JENNIE OUTERBRIDGE Approved as to form; ARTURO M. CISNEROS, ESQ. MALCOLM CISNEROS Counsel for Altagracia B. Pierre-Outerbridge, As Administrator ofthe Estate ofLinc/rick Arthur Outerbridge (in the Bankruptcy Action only) 3403 I 0th Street, Suite 714 Riverside, CA 9250 I (951) 682-9705 SUMMER SHAW, ESQ. SHAW & HANOVER Counsel for Jennie Davenport alkla Jennie Outerbridge (in the Bankruptcy Action only) 42-600 Cook Street, Suite 210 Palm Dese Ii, CA 92211 (760) 610-0000 14 FILED: NASSAU COUNTY CLERK 04/15/2024 02:48 PM INDEX NO. 612930/2021 NYSCEF DOC. NO. 108 RECEIVED NYSCEF: 04/15/2024 As Admi ni strato r of the !::state of Li ndrick 1\rthur Outcrbridgc As Guardian of the Pro pe rty nf Andrick A. Outcrbridgc Anprovcd ilS to form: w~~- RA RTURO .v1. c i sNERo s , 1-:so. M 1\LCOLM C ISNEROS Counsel.for Alragraciu B. Piern' -011/c•rhritf.e,c, As .'ld111i11istrafor o/'llie E.1·tare oj'Undrick , lrtl/1/r 011tCl'hridge (in the Bankruptcy Act.ion on ly) 3403 IO'h Street, S uite 7 14 lZivcrsick, CA 92501 (951) 682-9705 SUMME R SH.A, W, ES(). S I IA W & I f1\ NOVER Co1111sd for .Jenni!' Dal'('IIJ)O/'f a//i/o .le1111ic' 0111crhridgc (in the Bankruptcy 1\ ction only) 42-600 Conk Street, S uite 2 10 !'ai m Dcsc l i, CA 922 11 (7(,()) 610-0000