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This form is a settlement agreement and release that may be used in a federal district court case. It contains drafting notes and optional clauses
When drafting or reviewing the agreement, try to address all the issues about the settlement terms and eliminate any ambiguity. For example, specify deadlines for making settlement payments. The agreement should list the rights, claims, obligations, or interests that will be released in the settlement as well as any claims or obligations that are not part of the settlement.
This Confidential Settlement Agreement and Release (“Settlement Agreement”) is made as of this _____ day of [month], [year] by and between [plaintiff] (“Plaintiff”), and [defendant] (“Defendant”) (each a “Party” and collectively the “Parties”)
WHEREAS, on or about [date] Plaintiff commenced a civil action against Defendant captioned [case name] in the United States District Court for the [court name], No. [docket number] (the “Litigation”);
WHEREAS, Defendant asserted certain defenses [and counterclaims] against Plaintiff;
WHEREAS, the Parties to the Litigation have agreed to amicably resolve and settle the claims and defenses in the Litigation; and
WHEREAS, the Parties wish to memorialize the terms of their agreement and to do so in this document; and
WHEREAS, the Parties acknowledge that they are entering into this Settlement Agreement voluntarily and after consultation with counsel of their choosing;
NOW, THEREFORE, for good and valuable consideration, the receipt, adequacy, and sufficiency of which is hereby acknowledged, and intending to be legally bound, the Parties agree as follows:
Excluded from this release are:
IN WITNESS WHEREOF, and intending to be legally bound, the Parties hereto have caused this Settlement Agreement to be executed as of the date(s) set forth below.
On Behalf of Defendant:
Printed Name: ___________________________________
On Behalf of Plaintiffs: _____________________________
Form provided by James M. Wagstaffe, a renowned author, litigator, educator, and lecturer, and the premier industry authority on pretrial federal civil procedure. He is a partner and co-founder of Kerr & Wagstaffe LLP, where he heads the firm’s Federal Practice Group. See his full bio here: https://www.lexisnexis.com/en-us/practice-advisor-authors/profiles/james-wagstaffe.page.
To find this article in Lexis Practice Advisor, follow this research path:
RESEARCH PATH: Civil Litigation > Settlement > Forms
For general information about settlements, see
> SETTLEMENT FUNDAMENTALS (FEDERAL)
RESEARCH PATH: Civil Litigation > Settlement > Practice Notes
For an overview of settlement enforcement, see
> SETTLEMENT: ENFORCING SETTLEMENTS AND CONSENT DECREES (FEDERAL)
For a list of steps to take in drafting a settlement agreement, see
> SETTLEMENT: DRAFTING A SETTLEMENT AGREEMENT CHECKLIST (FEDERAL)
RESEARCH PATH: Civil Litigation > Settlement > Checklists
For guidance on reviewing a settlement agreement, see
> SETTLEMENT: REVIEWING A SETTLEMENT AGREEMENT CHECKLIST (FEDERAL)
For a sample dismissal form and order, see
> STIPULATION OF DISMISSAL AND PROPOSED ORDER (FEDERAL)