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Jan. 16, 2026 Get Citation Alerts Download PDF Add Note

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 v. Naphcare, Inc., an Alabama Corporation; et al.

District Court, W.D. Washington

• Citations: None known
• Docket Number: 3:21-cv-05800

• Precedential Status: Unknown Status

• Opinion

• Authorities (0)

• Cited By (0)

• Summaries (0)

• Similar Cases (0)

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Trial Court Document

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IN THE UNITED STATES DISTRICT COURT

7 FOR THE WESTERN DISTRICT OF WASHINGTON AT TACOMA

8 JOHN RAPP, in his Personal Capacity and as NO. 3:21-cv-05800-DGE

Personal Representative of the Estate of

9 NICHOLAS WINTON RAPP, deceased; et al. STIPULATED MOTION TO APPROVE

SETTLEMENT AND DISMISS AND

10 Plaintiffs, DISMISSAL ORDER

11 v.

12 NAPHCARE, INC., an Alabama Corporation;

et al.,

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Defendants.

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15 I. INTRODUCTION

Plaintiffs, JOHN RAPP, in his Personal Capacity and as Personal Representative of the
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Estate of NICHOLAS WINTON RAPP, deceased; N.R., by and through parent and guardian
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MEGAN F. WABNITZ; and JUDITH RAPP, in her Personal Capacity, (“Plaintiffs”) and
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NAPHCARE, INC., an Alabama corporation; KITSAP COUNTY, a political subdivision of the
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State of Washington; GARY SIMPSON, in his personal capacity; JOHN GESE, in his Personal
20 Capacity; MARK RUFENER, in his Personal Capacity; BRANDON ROHDE, in his Personal
21 Capacity; ANDREW HREN, in his Personal Capacity; ELVIA DECKER, in her Personal
22 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
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record, respectfully request the Court approve a settlement agreement reached between the Parties
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25 Galanda Broadman PLLC

and dismiss this case with prejudice and without further costs or attorneys’ fees on the terms set
2 forth in the Settlement Guardian ad Litem Report (“SGAL Report”).

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II. RELIEF REQUESTED

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

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

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IV. STATEMENT OF FACTS

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

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

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V. AUTHORITY & ARGUMENT

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The Court’s approval of the settlement is appropriate because the settlement terms
22 negotiated between the Parties are “fundamentally fair, adequate, and reasonable.” United States
23 v. Oregon, 913 F.2d 576, 580 (9th Cir. 1990). Here, the Parties agree that the Settlement
24 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
2 and reasonable compromise. Accordingly, the Court’s approval of the settlement, and related
3 dismissal of this case is appropriate.

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VI. CONCLUSION

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For the reasons set forth above, the Parties respectfully request that the Court approve the
6 settlement reached between the Parties and dismiss this case with prejudice and without further
7 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
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final dismissal of this case with prejudice and without further costs or attorneys’ fees.
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10 DATED this 1st day of December, 2025.

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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: ryan@galandabroadman.com 614 Division Street, MS-35A

15 Email: gabe@galandabroadman.com Port Orchard, WA 98366-4676

(360) 337-4992

16 Attorneys for Plaintiffs Email: aaruiza@kitsap.gov

Email: igeorge@kitsap.gov

17 Email: kacummings@kitsap.gov

18 Attorneys for Defendants Kitsap County,
Gary Simpson, John Gese, Mark Rufener,

19 Brandon Rohde, Andrew Hren, Elvia

Decker, and John Petersen

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BAKER HOSTETLER LLP

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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: cbrandfieldharvey@bakerlaw.com

Email: gulmer@bakerlaw.com

3 Email: jgresham@bakerlaw.com

4 Attorneys for Defendant NaphCare, Inc.

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2 Having considered the Stipulated Motion, Settlement GAL Report, and other materials,

3 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
5 Settlement.

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

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8 A

DAVID G. ESTUDILLO

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United States District Judge

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