09-20-2018 Tolling AgreementTOLLING AGREEMENT
Virginia Egger (hereinafter "Plaintiff'), through her counsel, Adam W. Ray of the law
firm of Benezra & Culver, P.C., and Town of Avon (hereinafter "Defendant"), through its
counsel, Eric J. Heil, hereby stipulate and agree as follows:
1. Plaintiff is a former employee of Defendant. Arising from actions that occurred
on March 27, 2018, and detailed more fully in a letter sent from Plaintiff's counsel to
Defendant's counsel, Plaintiff has asserted claims against Defendant for defamation in violation
of state law. Plaintiff has not yet filed a notice of claim pursuant to the Colorado Governmental
Immunity Act, C.R.S. § 24-10-101 et seq. ("Notice"). The deadline to file a notice for her claim
is on or about September 25, 2018.
2. Plaintiff and Defendant desire additional time to explore the possibility of a
resolution of Plaintiffs claim prior to filing a notice.
3. Plaintiff and Defendant agree to toll only the jurisdictional deadline under the
Colorado Governmental Immunity Act, C.R.S. § 2440-101 et seq. for Plaintiff to file a notice
from September 25, 2018 to October 25, 2018.
4. The Parties to this Agreement expressly acknowledge that by entering into this
Agreement, neither Party waives any defenses that they may presently have. Defendant,
however, acknowledges that by entering into this Agreement, it waives the defense of
untimeliness, which did not exist at the time of entering into this agreement, concerning the
filing of a notice of claim, provided such a notice is filed by no later than October 25, 2018.
5. The Parties agree that this Tolling Agreement shall constitute, "conduct or
statements made in compromise negoatiations regard the claim, ..." under Colorado Rules of
Evidence Rule 408 (a)(2) and therefore shall this Tolling Agreement shall not be admissible
evidence as described in Colorado Rules of Evidence Rule 408 (a).
6. Counsel represents that they are fully authorized to execute this Agreement on
behalf of their clients.
Dated this 20th day of September, 2018.
TOWN OF AVON
Eric . Heil, Esq.
Attorney for Town of Avon
BENEZRA & CULVER, P.C.
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Adath W: Ray, Esq.
Attorney for Virginia Egger.