John Rapp, in his Personal Capacity and as Personal Representative of the...

IN THE UNITED STATES DISTRICT COURT 7 FOR THE WESTERN DISTRICT OF WASHINGTON AT TACOMA JOHN RAPP, in his Personal Capacity and as NO. 3:21-cv-05800-DGE Personal Representative of the Estate of NICHOLAS WINTON RAPP, deceased; et al. STIPULATED MOTION TO APPROVE SETTLEMENT AND DISMISS AND Plaintiffs, DISMISSAL ORDER v. NAPHCARE, INC., an Alabama Corporation; et al., Defendants.

15 I. INTRODUCTION Plaintiffs, JOHN RAPP, in his Personal Capacity and as Personal Representative of the Estate of NICHOLAS WINTON RAPP, deceased; N.R., by and through parent and guardian MEGAN F. WABNITZ; and JUDITH RAPP, in her Personal Capacity, (“Plaintiffs”) and NAPHCARE, INC., an Alabama corporation; KITSAP COUNTY, a political subdivision of the State of Washington; GARY SIMPSON, in his personal capacity; JOHN GESE, in his Personal Capacity; MARK RUFENER, in his Personal Capacity; BRANDON ROHDE, in his Personal Capacity; ANDREW HREN, in his Personal Capacity; ELVIA DECKER, in her Personal Capacity; JOHN PETERSEN, in his Personal Capacity; JOHN and JANE DOES 2-10, in their Personal Capacities, (“Defendants”) (collectively “Parties”) by and through their counsel of record, respectfully request the Court approve a settlement agreement reached between the Parties 25 Galanda Broadman PLLC and dismiss this case with prejudice and without further costs or attorneys’ fees on the terms set forth in the Settlement Guardian ad Litem Report (“SGAL Report”).

II. RELIEF REQUESTED The Parties respectfully request that the Court issue an order approving the settlement agreement reached between the Parties and dismiss this case with prejudice and without further costs or attorneys’ fees on the terms set forth in the Settlement GAL Report.

III. EVIDENCE RELIED UPON This Stipulated Motion to Approve Settlement and Dismiss (“Motion”) is based upon the Settlement GAL Report dated November 5, 2025, on file with this Court, which, in turn, is based on a CR2A Settlement Agreement (“Settlement Agreement”).

IV. STATEMENT OF FACTS 12 On October 28, 2021, Plaintiffs filed a complaint against Defendants alleging negligence and violations of 42 U.S.C. § 1983. The Parties have since negotiated a global settlement of all claims asserted. See Dkt. 382.

On August 22, 2025, the Court appointed John Wilson to serve as Settlement Guardian ad Litem (“GAL”) for N.R., a minor. Mr. Wilson prepared a Settlement SGAL Report, which was filed with the Court on November 5, 2025 (Dkt. 387). The terms of the settlement are provided in the Settlement Guardian ad Litem report and in the stipulated, proposed Order Approving Minor Settlement submitted herewith. (Dkt. 389.) The Settlement GAL recommends that this Court approve the terms of the Settlement Agreement.

V. AUTHORITY & ARGUMENT The Court’s approval of the settlement is appropriate because the settlement terms negotiated between the Parties are “fundamentally fair, adequate, and reasonable.” United States v. Oregon, 913 F.2d 576, 580 (9th Cir. 1990). Here, the Parties agree that the Settlement Agreements are fair, adequate, and reasonable. Further, the SGAL has recommended that the Court 25 Galanda Broadman PLLC approve the settlement and has outlined two settlement allocation options that provide for a fair and reasonable compromise. Accordingly, the Court’s approval of the settlement, and related dismissal of this case is appropriate.

VI. CONCLUSION For the reasons set forth above, the Parties respectfully request that the Court approve the settlement reached between the Parties and dismiss this case with prejudice and without further costs or attorneys’ fees on the terms set forth in the Settlement GAL report. (Dkt. 387).

A proposed order accompanies this Motion. The subjoined proposed Order would accomplish final dismissal of this case with prejudice and without further costs or attorneys’ fees.

10 DATED this 1st day of December, 2025.

By: s/ Ryan D. Dreveskracht By: s/ Anna K. Aruiza 12 Ryan D. Dreveskracht, WSBA #42593 Anna K. Aruiza, WSBA # 39663 Gabriel S. Galanda, WSBA #30331 Ione S. George, WSBA # 18236 13 Galanda Broadman PLLC Katherine A. Cummings, WSBA # 51646 P.O. Box 15146 Seattle, WA 98115 Kitsap County Prosecuting Attorney’s 14 (206) 557-7509 Office Email: [email protected] 614 Division Street, MS-35A 15 Email: [email protected] Port Orchard, WA 98366-4676 (360) 337-4992 16 Attorneys for Plaintiffs Email: [email protected] Email: [email protected] 17 Email: [email protected] 18 Attorneys for Defendants Kitsap County, Gary Simpson, John Gese, Mark Rufener, 19 Brandon Rohde, Andrew Hren, Elvia Decker, and John Petersen BAKER HOSTETLER LLP 22 By: s/ Jarvarus A. Gresham Jarvarus A. Gresham (admitted pro hac vice 23 Cornelia Brandfield-Harvey, WSBA #59746 Gregory C. Ulmer (admitted pro hac vice) 24 999 Third Avenue, Suite 3900 25 Galanda Broadman PLLC Telephone: (206) 332-1380 2 Email: [email protected] Email: [email protected] 3 Email: [email protected] 4 Attorneys for Defendant NaphCare, Inc.

25 Galanda Broadman PLLC 2 Having considered the Stipulated Motion, Settlement GAL Report, and other materials, the Court hereby dismisses this case with prejudice and without further costs or attorneys’ fees.

4 This Order of dismissal is accompanied by the simultaneously entered Order Approving Minor Settlement.

IT IS SO ORDERED this 16th day of January, 2025.

8 A DAVID G. ESTUDILLO United States District Judge

25 Galanda Broadman PLLC