SETTLEMENT AGREEMENT AND RELEASE Megan Fox (“Fox”) and Kevin DuJan (“DuJan”) on behalf of themselves and their respective heirs, executors, administrators, successors and assigns (collectively referred to throughout this Agreement as “Fox” and “DuJan”) and the Orland Park Public Library, on behalf of itself and its successors and assigns (collectively referred to throughout this Agreement as “the Library”), agree as follows: 1.

Recitals.

This Settlement Agreement and Release (“Agreement”) is made with reference to the following facts: a.

The parties to this Agreement are Fox, DuJan and the Library (collectively referred to in this Agreement as “the Parties”).

b.

Fox and DuJan are citizens of the State of Illinois.

c.

The Library is a public body organized pursuant to the laws of the State of Illinois.

d.

Fox and DuJan have filed two civil actions against the Library in which they brought claims under the Illinois Freedom of Information Act, 5 ILCS 140, et seq. (“FOIA”) and the Illinois Open Meetings Act, 5 ILCS 120, et seq. (“OMA”).

e.

In one of the actions, Fox and DuJan included as defendants the Library, the Village of Orland Park and the Orland Park Police Department. That action is pending in the Chancery Division of the Circuit Court of Cook County under the title Megan Fox and Kevin DuJan v. Orland Park Police Department, et al., 2014 CH 12568 (referred to in this Agreement as “Fox I.”).

f.

The Library is the only defendant in the other civil action filed by Fox and DuJan. That action is pending in the Chancery Division of the Circuit Court of Cook County under the title Megan Fox and Kevin DuJan v. Orland Park Public Library, 2014 CH 16371 (referred to in this Agreement as “Fox II.”).

g.

Collectively, Fox I and Fox II are referred to in this Agreement as “the Litigation.”

h.

In Fox I, DuJan alleged that various aspects of the Library’s public comment policy violated the OMA. Fox and DuJan also alleged in Fox I that the Library Board did not uniformly enforce its public comment policy.

i.

One of DuJan’s OMA claims in Fox I is referred to in this Agreement as the “Virtual Public Comment Claim.” In the Virtual Public Comment Claim, DuJan contended that the OMA requires public bodies to allow persons who are not physically present at a meeting of a public body to speak during the public comment period established by that body pursuant to the OMA, provided that the physically absent person speaks through devices such as iPads, cell phones or other electronic devices that are owned or controlled by other persons who are physically present at the meeting. Page 1 of 33

j.

The Library moved to dismiss DuJan’s OMA claims in Fox I. While that motion was pending, attorneys representing DuJan, Fox and the Library in the Litigation discussed whether the Library could modify its public comment policy in a manner that would address OMA issues raised by DuJan in Fox I. After discussions between attorneys representing DuJan, Fox and the Library in the Litigation, the Library Board, on December 15, 2014, adopted a new public comment policy that resolved all of DuJan’s OMA claims other than the Virtual Public Comment Claim.

k.

On February 11, 2015, the court in Fox I granted the Library’s motion to dismiss the Virtual Public Comment Claim. DuJan contends the February 11, 2015 order is not a correct interpretation of the OMA and has asserted his intention to pursue a review of that order on appeal. The Parties have decided, however, not to further litigate the Virtual Public Comment Claim and to instead resolve it as part of this Agreement.

l.

In the Litigation, Fox and DuJan claimed that the Library violated the FOIA by refusing to produce records pursuant to FOIA requests alleged in the Litigation. During the Litigation, the Library produced records that were the subject of FOIA requests at issue in the Litigation.

m. The Library denies it violated the OMA or the FOIA as alleged in the Litigation. n.

The Parties desire to establish mutually acceptable procedures (“Agreed FOIA Procedures”) for requesting and producing records pursuant to the FOIA after this Agreement is executed and the claims in the Litigation are dismissed. The purpose of the Agreed FOIA Procedures is to establish, during the term of this Agreement, a mutually acceptable schedule for the production of defined categories of records on a monthly basis and to establish an agreed-upon limit on the number of additional FOIA requests Fox and DuJan will make each month.

o.

The Agreed FOIA Procedures also are intended by the Parties to resolve a dispute between Fox, DuJan and the Library as to whether Fox and DuJan qualify for the media exception to the “recurrent requester” provisions of the FOIA. The Parties have decided not to litigate this dispute and to resolve it as part of this Agreement.

p.

J.P. Parker (“Parker”) and Marcia Hauflaire (“Hauflaire”) are not parties in the Litigation or parties to this Agreement. Parker and Hauflaire, however, have agreed to be bound by and participate in the Agreed FOIA Procedures and related dispute resolution procedures and other provisions of this Agreement, as described in greater detail in other sections of this Agreement. Parker and Hauflaire will manifest their agreement to the provisions of the Agreement that apply to them by executing the Letters of Agreement attached to and incorporated into this Agreement as Attachments A-1 and A-2 respectively.

q.

With respect to the Agreed FOIA Procedures and other applicable provisions of the Agreement, Fox, DuJan, Parker and Hauflaire are referred to in this Agreement as “Requesters.”

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r.

2.

In summary, the Parties desire through this Agreement to resolve all disputes between them based on the FOIA or the OMA, including all claims brought in the Litigation and any other FOIA or OMA claims that have accrued to date but were not included in the Litigation.

Monetary Consideration.

The Library shall pay or cause its insurer to pay Fox and DuJan and their attorneys, collectively, the total amount of Fifty Five Thousand and 00/100 Dollars ($55,000.00), as follows: a.

The Library shall issue or cause its insurer to issue a check in the amount of Fifty Five Thousand and 00/100 Dollars ($55,000.00) payable jointly to Fox, DuJan and their attorneys, Loevy & Loevy Attorneys at Law.

b.

The check will be issued within thirty (30) calendar days of the date on which all of the following conditions have occurred: 1) the Board of Trustees of the Orland Park Public Library (the Library Board”) approves this Agreement; 2) Fox and DuJan sign this Agreement; 3) Parker and Hauflaire sign and deliver to the Library the Letters of Agreement attached to this Agreement as Attachments A-1 and A-2; 4) The Requesters submit letters to the Public Access Bureau of the Office of the Illinois Attorney General withdrawing all pending Public Access Counsellor (“PAC”) requests for review they have filed with that office and provide copies of those letters to the Library; 5) the Courts in Fox I and Fox II enter the agreed orders referred to in this Agreement as Attachments B and C respectively; and, 6) Fox, DuJan and Loevy & Loevy Attorneys at Law provide completed W9 forms to the Library’s insurer.

3.

Release of FOIA and OMA Claims. a.

Fox and DuJan release, waive, and forever discharge the Library, its insurers, reinsurers, successors, assigns, and all of their current and former employees, attorneys, officers, directors, trustees and agents thereof, both individually and in their official or business capacities (collectively, the “Releasees”), from any and all claims Fox or DuJan have or may have had pursuant to the FOIA or the OMA against Releasees as of the date(s) they execute this Agreement including all claims in the Litigation (“Release”). This Release includes all claims for attorney’s fees, costs, expenses,

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statutory fines or penalties, injunctive relief and all other forms of relief available under the FOIA and/or the OMA.

4.

5.

b.

The Library releases, waives and forever discharges Fox, DuJan, Parker and Hauflaire from any and all claims for attorney’s fees, costs, expenses and other forms of relief the Library could have claimed against them pursuant to the FOIA or the OMA through the date it executes the Agreement.

c.

The Parties release each other from any and all claims for attorney’s fees or costs they could have brought against each other in the Litigation pursuant to the Illinois Code of Civil Procedure or the Illinois Supreme Court Rules.

d.

No other claims are released.

e.

By agreeing to the release of claims, the Parties do not concede that any such claims did exist.

Dismissal of Claims; Withdrawal of PAC Requests for Review. a.

Based on the Library’s production of records while the Litigation was pending, the December 15, 2014 changes to the Library’s public comment policy, and the terms of this Agreement, Fox and DuJan will voluntarily dismiss all claims against the Library in the Litigation with prejudice. To effect this dismissal, the Parties will file the joint motions to dismiss attached to this Agreement as Attachments D and E.

b.

Fox, DuJan, Parker and Hauflaire will submit letters to the PAC withdrawing all pending requests for review they have filed with that office regarding the Library and will provide copies of those letters to the Library.

The Virtual Public Comment Claim.

Fox and DuJan will not appeal from the February 11, 2015 order in Fox I granting the Library’s motion to dismiss the Virtual Public Comment Claim. 6.

Law Firm Invoices for the Period from October 2013 through April 2014.

The Library will produce to Fox or DuJan, on or before the date the check described in Section 2 of this Agreement is issued, revised redacted copies of invoices submitted by the law firm of Klein, Thorpe and Jenkins, Ltd. to the Library for the period from October 2013 through April 2014. In the event there is any dispute regarding the revised redactions, the Parties will comply with the FOIA Dispute Resolution Procedures described in Section 13 of this Agreement.

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7.

8.

Browser Histories and Requests for Lists of Folders and the Contents of Folders. a.

In Fox I, Fox alleges that the Library violated the FOIA when it did not produce printouts of the browser histories of certain individuals identified in a FOIA request dated July 12, 2014.

b.

In Fox II, Fox alleges that the Library violated the FOIA when it did not produce the browser histories of certain individuals identified in a FOIA request dated July 24, 2014.

c.

In Fox II, Fox also alleges that the Library violated FOIA when it did not produce a list of files and all of their subfolders and subfiles on publicly funded computers used by certain individuals identified in a FOIA request dated July 24, 2014.

d.

Fox and DuJan include the pending claims related to browser histories and lists of files, subfolders and subfiles on publicly funded computers in Fox I and Fox II in the Release and will dismiss all claims in the Litigation related to FOIA requests for those records.

e.

Fox and DuJan will not, during the term of this Agreement, submit FOIA requests to the Library for browser histories or lists of files, subfolders or subfiles on publicly funded computers or cause any other person to submit such requests to the Library.

f.

Parker and Hauflaire also will not, during the term of this Agreement, submit FOIA requests for browser histories or lists of files, subfolders or files on publicly funded computers to the Library or cause any other person to submit such requests to the Library. Parker and Hauflaire’s consent to the terms of this Section of the Agreement will be reflected in their Letters of Agreement attached to this Agreement as Attachments A-1 and A-2.

g.

If the PAC issues a binding decision or a court rules in a final order that browser histories or lists of files, subfolders or subfiles are public records under the FOIA, paragraphs (e) and (f) of this Section shall immediately become void as to any Requests submitted after the Requesters provide the Library with written notice of the binding decision or final order. The requirement that the Requesters provide notice to the Library pursuant to this paragraph shall not apply to matters in which the Library is a party or respondent and receives notice directly from the PAC or a court.

Agreed FOIA Procedures.

The Agreed FOIA Procedures consist of two parts: 1) the production of designated records on a monthly basis without requiring a FOIA request (“Monthly Production of Records”); and 2) a defined number of additional requests that the Requesters may submit to the Library per month (“Additional Requests”).

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9.

Agreed FOIA Procedures: Monthly Production of Records.

The Library will produce the following records on a monthly basis, to the extent that any such records exist for that month. All records will be produced not less than five (5) business days before each regular meeting of the Library Board unless otherwise specified below. The Library may redact information from any records produced pursuant to this Section to the extent authorized under the FOIA. All records produced pursuant to this Section will be produced to Fox unless Fox or DuJan provide written notice to the Library that the records should be produced to another Requester. The Library has the option of producing these records by electronic means, including delivery by e-mail or through use of a commercially available file sharing service that does not require the payment of any subscription fees by Fox or DuJan. If a file sharing service used by the Library requires Fox or DuJan to pay a subscription fee, they will immediately notify the Library in writing, which will have ten (10) business days to identify an alternative method of delivery. a.

A copy of the Library Board packet will be produced no later than the Friday after each regular Board meeting.

b.

Messages received through the messages function on the Library’s Facebook account through the last day of the prior month. If the Library bans any persons from sending messages to the Library’s Facebook account, the Library also will provide a current list of banned persons each month.

c.

Copies of records showing expenditures for food or beverages that have been approved for payment through the last day of the prior month.

d.

Notes written by Library Board members or Library staff during the prior month’s regular Board meeting.

e.

A copy of a report generated by the Library each month that shows which Library Board members or Library staff attended continuing education seminars or other continuing education events through the last day of the prior month.

f.

Complaints or compliments submitted to the Library through the comment function on the Library’s webpage, comment cards or e-mails addressed to [email protected] and records of responses to those complaints and compliments through the last day of the prior month.

g.

Incident reports prepared by Library staff through the last day of the prior month.

h.

Records of communications between the Illinois Library Association or the American Library Association and any Library Board members, the Library’s Director, or the Library’s Public Information Officer that were received or sent through the last day of the prior month and that relate to any of the following subjects: 1) internet filtering, 2) pornography, 3) Megan Fox or 4) Kevin DuJan. As to this set of records, the Library may object that production of the identified records is unduly burdensome. If the Library makes that objection, it will timely produce the records it asserts are not subject to the objection, explain the basis for the objection in writing and offer to confer with Page 6 of 33

the Requester to determine how the request can be modified in a manner that would render it not unduly burdensome. If the Library determines that a record responsive to this category of records is a bulk mailing and that multiple copies of the same record exist, it will produce one copy of the record and notify the Requester in writing that it has identified the record as a bulk mailing. i.

Legal invoices submitted by the law firm of Klein Thorpe and Jenkins, Ltd. or any successor counsel retained by the Library to provide general legal advice that are approved for payment through the last day of the prior month. Legal invoices related to matters involving real estate tax appeals or matters covered by an insurance policy are not subject to disclosure pursuant to this paragraph, provided that the Library provides a cover sheet showing the total amount paid for those matters in the prior month.

j.

The cover sheet related to invoices submitted by Jackson Lewis, P.C. through the last day of the prior month.

k.

Video recordings of meetings of the Library Board or committees of the Library Board in the prior month, provided that the Library has the option of producing the video recordings by means of a commercially available on-line file sharing service (for example, Dropbox or Google Drive) of its choice or by providing a copy of the recording on a flash drive. Nothing in this Agreement requires the Library to continue to prepare audio or video recordings of Library Board or Library Board committee meetings.

l.

If any of the documents to be produced pursuant to this Section do not exist for production for a particular month, the Library will notify Fox or the designated Requester that no responsive documents exist in that category for that month.

10. Agreed FOIA Procedures: Additional FOIA Requests per Month. a.

For the purpose of this Section of the Agreement, and for no other purpose, the term “Request,” including the terms “Additional Request” and “Priority Request,” shall mean a request for a unified category or type of record.

b.

If an Additional Request includes more than one subpart or item, each subpart or item of that Request shall constitute a separate Request.

c.

Additional Requests will not describe multiple categories or types of records in a way that would frustrate the purposes of this Agreement.

d.

Additional Requests also will not be presented in a narrative form that would frustrate the agreement that each subpart or item in a request constitutes a separate Additional Request. Examples that reflect the understanding of the Library and the Requesters include, for example: 1) Requests for Records by Custodian. An Additional Request for e-mails sent to or by up to two (2) Library Custodians would constitute one (1) Additional Request.

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An Additional Request for e-mails sent to or by three (3) or four (4) Library Custodians would constitute two (2) Additional Requests. An Additional Request for e-mails sent to or by five (5) or six (6) Library Custodians would constitute three (3) Additional Requests. The term “Custodian” means trustees, officers and employees of the Library and parties that possess records pursuant to contracts with the Library to perform governmental functions as defined in Section 7(2) of the FOIA. 2) Requests for Records by Subject. An Additional Request for records related to a particular subject matter where the response requires the production of up to or including 100 pages of responsive documents would constitute one Additional Request. If the request requires production of more than 100 pages up to or including 200 pages, the request would constitute two (2) Additional Requests. If the request requires production of more than 200 pages up to or including 300 pages, the request would constitute three (3) Additional Requests. e.

The Additional Requests agreed to in this Section are in addition to the Monthly Production of Records to be produced on a regular basis pursuant to Section 9 of this Agreement (“Additional Requests”).

f.

The Requesters in the aggregate may submit up to two (2) Additional Requests per calendar week. For Additional Requests subject to Section 10(d)(1) or (2) that result in more than two (2) Additional Requests in a week, the Library shall automatically process the Additional Requests over two (2) in the next calendar week and may count those Additional Requests towards that calendar week.

g.

An Additional Request submitted by Fox, DuJan, Parker or Hauflaire will count as a Request submitted by the Requesters for the purposes of this Section.

h.

The Requesters will not submit more than the agreed-upon maximum number of Additional Requests per calendar week. The Library will not be required to respond to Additional Requests submitted in violation of this Agreement.

i.

The Library will have ten (10) business days to respond to Additional Requests.

j.

The Requesters may designate up to two Additional Requests per calendar month as Priority Requests. The Library will have up to five (5) business days to respond to Priority Requests.

k.

The Library will submit its response to the Requester who submitted the Additional Request unless otherwise directed in writing in the Request.

l.

If, on the date a Requester submits an Additional Request to the Library, the Library has more than twenty (20) other pending FOIA Requests, as the term “Request” is defined in this Section, the Library may submit a written notice to the Requester that it will need up to ten (10) additional business days to respond to the Additional Request beyond the initial ten (10) days set forth in Section 10(i) of this Agreement. The Library will not include records to be produced pursuant to Section 9 of this Agreement or requests Page 8 of 33

submitted by Library employees or trustees when determining whether twenty (20) other FOIA Requests are pending. The Library will not exercise the option to extend the time to respond to an Additional Request by an additional ten (10) business days in response to Priority Requests. m. Requesters will not use proxies or aliases for the purpose of submitting more Additional Requests than agreed to in this Section. 1) For the purposes of this Section, the term “proxy” means persons acting on behalf of or at the direction or request of any of the Requesters. A person acting independently and not on behalf of or at the direction of any of the Requesters is not a proxy even if that person is requesting records related to subjects of interest to the Requesters or provides to the Requesters copies of records independently obtained from the Library. 2) For purposes of this Section, the term “alias” means a name used by any of the Requesters, other than his or her actual name, that is used for the purpose of concealing the Requester’s identity. 3) The Library acknowledges that other individuals and entities have made FOIA requests to the Library independent of the Requesters and may in the future do so independent of Requesters. If individuals or organizations act independently and not at the request of the Requesters for the purpose of submitting more requests than permitted in this Section, then those individuals or organizations will not qualify as proxies or aliases as those terms are used in this Section. 11. Costs associated with production of records under Sections 9 and 10. a.

The Library will not charge Requesters any fees or costs for producing records pursuant to Section 9 of this Agreement, provided that the Library may select the most costeffective method of production, including, for example, scanning and sending records to the Requester by e-mail or using an on-line file sharing service.

b.

The Library may charge Requesters reasonable fees or costs for producing records in response to Additional Requests submitted pursuant to Section 10 of this Agreement, provided: 1) the charges are authorized by the FOIA, 2) the Library will endeavor to use the most cost-effective method of production, including, for example, scanning and sending records to the Requester by e-mail or using an on-line file sharing service, 3) the Library may identify the cost of searching for or producing requested records as a basis for asserting that an Additional Request is unduly burdensome, and 4) the Library will not charge Requesters fees or costs pursuant to the Commercial Purpose, Recurrent Requester or Voluminous Requester provisions of the FOIA. The Library’s promise in this Agreement not to charge fees or costs pursuant to the Commercial Purpose, Recurrent Requester or Voluminous Requester provisions of the FOIA is not an admission that those provisions of the FOIA are not applicable to the Requesters.

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12. Retention of Rights Under FOIA. a.

The Library retains any authority it has under the FOIA to assert exemptions, claim undue burden or redact information from records requested pursuant to Section 9 of this Agreement (Monthly Production of Records), except that the Library may assert undue burden only as to the production of records under Paragraph 9(h).

b.

The Library retains any authority it has under the FOIA to assert exemptions, claim undue burden or redact information from records requested pursuant to Section 10 of this Agreement (Additional Requests).

c.

The Requesters retain any rights they have under the FOIA to contest any exemptions, claims of undue burden, or redactions of information from records requested pursuant to Sections 9 and 10 of this Agreement.

d.

A dispute between the Library and any of the Requesters regarding any records requested or produced pursuant to Sections 9 or 10 of this Agreement shall be governed by the Agreed FOIA Dispute Resolution Procedures in Section 13 of this Agreement.

e.

The Requesters and the Library retain any other rights they may have under the FOIA, provided that the exercise of those rights is consistent with the terms of this Agreement.

13. Agreed FOIA Dispute Resolution Procedures. The Requesters will give the Library thirty (30) days written notice of their intent to file a civil action or a PAC request for review contesting the production of records pursuant to Section 9 of this Agreement or in response to Additional Requests submitted pursuant to Section 10 of this Agreement. During that thirty (30) day period, the Requester and the Library, or their respective representatives, will engage in a good faith effort to resolve the disputed issues. a.

A Requester may elect not to provide thirty (30) days written notice to the Library prior to filing a civil action, provided, however, that if the Requester elects to file a civil action without thirty (30) days written notice as required in this Section, the lack of notice shall be an affirmative defense available to the Library that will bar the recovery of attorney’s fees and costs if the Requester prevails in the civil action.

b.

The affirmative defense established in Section 13(a) of this Agreement will not be available to the Library in the event the Requester prevails in the civil action and the court hearing that action awards civil penalties against the Library pursuant to the FOIA with respect to the disputed Request.

14. Dispute Resolution; Claims for Breach of the Agreement. a.

If any Party to this Agreement contends that another Party has breached this Agreement, the Party asserting the alleged breach shall provide thirty (30) days written notice to the other Party prior to filing a petition to enforce the Agreement.

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b.

The written notice will include a detailed statement of the basis for the contention that the other Party breached the Agreement.

c.

During this period, the Parties or their respective representatives will engage in a good faith effort to resolve the disputed issues.

15. Dismissal of the Litigation; Retention of Jurisdiction in Fox I. a.

All claims against the Library in Fox I and all claims in Fox II shall be dismissed with prejudice, with each Party bearing its own attorney’s fees, costs, and expenses.

b.

The Parties will petition the court in Fox I to retain jurisdiction to enforce this Agreement.

16. Term of the Agreement. The Term of the Agreement shall be two (2) years following the Effective Date of the Agreement. 17. Effective Date. The Effective Date of the Agreement shall be the date on which all of the conditions stated in Section 2 of the Agreement have been met. 18. Amendment. This Agreement may not be modified, altered or changed except in writing and signed by the Parties wherein specific reference is made to the Agreement. 19. Governing Law and Interpretation. This Agreement shall be governed by and interpreted in accordance with the laws of the state of Illinois without regard to its conflict of law provisions. 20. Notices. Notices provided pursuant to this Agreement shall be delivered by U.S. Mail or e-mail to the following: Megan Fox [email protected]

Kevin DuJan [email protected]

J.P. Parker [email protected]

Marcia Hauflaire [email protected]

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Orland Park Public Library c/o Mary Weimar, Director Orland Park Public Library 14921 Ravinia Avenue Orland Park, IL 60462 [email protected].

21. Library Board Approval. This Agreement cannot be executed by the Library Director without the approval of the Library Board. 22. Signatures. This Settlement Agreement and Release may be signed in counterparts, each of which shall be deemed an original, but all of which, taken together shall constitute the same instrument. A signature made on a faxed or electronically mailed copy of the Agreement or a signature transmitted by facsimile or electronic mail will have the same effect as the original signature. The Parties knowingly and voluntarily sign this Agreement as of the date(s) set forth below: Megan Fox

Kevin DuJan

Date:

Date:

The Orland Park Public Library

By: Mary Weimar, Director (pursuant to approval of Library Board on March 16, 2015) Date:

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Attachment A-1 – Letter of Agreement with J.P. Parker

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Attachment A-1

March 17, 2015

J.P. Parker [email protected] Re:

Settlement Agreement between Megan Fox, Kevin DuJan and the Orland Park Public Library

Dear Mr. Parker: This letter will be included as an attachment to a Settlement Agreement and Release (“Agreement”) entered into between Megan Fox, Kevin DuJan and the Orland Park Public Library (the “Library"). The Agreement includes terms and conditions that apply to you. Your consent to the terms and conditions in the Agreement that apply to you is a condition of the Agreement. Therefore, we include with this Letter a copy of the Agreement and ask that you consider it carefully. We specifically ask that you consent and agree to the following: 1.

You are identified as one of the four Requesters defined in the Agreement.

2.

You will timely deliver a letter to the Public Access Counsellor at the Office of the Illinois Attorney General (“PAC”) withdrawing any pending requests for review that you submitted to the PAC regarding the Library.

3.

You agree to be bound by and comply with all terms in the Agreement that apply or refer to you.

4.

You release, waive, and forever discharge the Library, its insurers, reinsurers, successors, assigns, and all of their current and former employees, attorneys, officers, directors, trustees and agents thereof, both individually and in their official or business capacities (“Releasees”), from any and all claims which you now have or may have against Releasees as of the date of their execution of this Letter that are based on the Illinois Freedom of Information Act (“FOIA”) or the Illinois Open Meetings Act (“OMA”). This Release includes all claims for attorney’s fees, costs, expenses, statutory fines or penalties, injunctive relief and all other forms of relief available under the FOIA and/or the OMA.

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J.P. Parker March 17, 2015 Page 2

5. Pursuant to the Agreement, and in consideration of your execution of this Letter, the Library releases, waives and forever discharges you from any claims for attorney’s fees costs or expenses under the FOIA or the OMA. 6. No other claims are released. 7. By agreeing to the release of claims, neither you nor the Library concedes that any such claims did exist. By signing this letter, you are representing that you have carefully reviewed the Agreement and this Letter and that you agree to the terms and conditions in this Letter.

Mary Weimar, Director Orland Park Public Library

Agreed: J. P. Parker Date: Enclosure

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Attachment A-2 – Letter of Agreement with Marcia Hauflaire

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Attachment A-2 March 17, 2015 Marcia Hauflaire [email protected] Re:

Settlement Agreement between Megan Fox, Kevin DuJan and the Orland Park Public Library.

Dear Mrs. Hauflaire: This letter will be included as an attachment to a Settlement Agreement and Release (“Agreement”) entered into between Megan Fox, Kevin DuJan and the Orland Park Public Library (the “Library”). The Agreement includes terms and conditions that apply to you. Your consent to the terms and conditions in the Agreement that apply to you is a condition of the Agreement. Therefore, we include with this Letter a copy of the Agreement and ask that you consider it carefully. We specifically ask that you consent and agree to the following: 1. You are identified as one of the four Requesters defined in the Agreement. 2. You will timely deliver a letter to the Public Access Counsellor at the Office of the Illinois Attorney General (“PAC”) withdrawing any pending requests for review that you submitted to the PAC regarding the Library. 3. You agree to be bound by and comply with all terms in the Agreement that apply or refer to you. 4. You release, waive, and forever discharge the Library, its insurers, reinsurers, successors, assigns, and all of their current and former employees, attorneys, officers, directors, trustees and agents thereof, both individually and in their official or business capacities (“Releasees”), from any and all claims which you now have or may have against Releasees as of the date of their execution of this Letter that are based on the Illinois Freedom of Information Act (“FOIA”) or the Illinois Open Meetings Act (“OMA”). This Release includes all claims for attorney’s fees, costs, expenses, statutory fines or penalties, injunctive relief and all other forms of relief available under the FOIA and/or the OMA.

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Marcia Hauflaire March 17, 2015 Page 2

5. Pursuant to the Agreement, and in consideration of your execution of this Letter, the Library releases, waives and forever discharges you from any claims for attorney’s fees, costs or expenses under the FOIA or the OMA. 6. No other claims are released. 7. By agreeing to the release of claims, neither you nor the Library concedes that any such claims did exist. By signing this letter, you are representing that you have carefully reviewed the Agreement and this Letter and that you agree to the terms and conditions in this Letter.

Mary Weimar, Director Orland Park Public Library

Agreed: ______________________ Marcia Hauflaire Date:

______________________

Enclosure

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Attachment B – Agreed Order in Fox I

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IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, CHANCERY DIVISION MEGAN FOX and KEVIN DUJAN, Plaintiffs, v. ORLAND PARK POLICE DEPARTMENT, VILLAGE OF ORLAND PARK, and ORLAND PARK PUBLIC LIBRARY Defendants.

) ) ) ) ) ) ) ) ) ) )

Case No. 2014 CH 12568

Honorable Neil H. Cohen

AGREED ORDER FOR DISMISSAL WITH PREJUDICE AND TO RETAIN JURISDICTION TO ENFORCE A SETTLEMENT AGREEMENT BETWEEN PLAINTIFFS AND THE LIBRARY This matter comes before the Court on a joint motion by Plaintiffs Megan Fox and Kevin DuJan and Defendant Orland Park Public Library (the “Parties”) for dismissal of all claims in this action against the Orland Park Public Library with prejudice pursuant to the Parties’ Settlement Agreement and for an order retaining jurisdiction to enforce the Settlement Agreement reached between the Parties. 1.

The Parties have entered into a Settlement Agreement for the purpose of resolving

all disputes between them based on the Illinois Open Meetings Act (“OMA”) or the Illinois Freedom of Information Act (“FOIA”), including all claims for attorney’s fees, costs and expenses. 2.

The Settlement Agreement also resolved all claims brought by Plaintiffs Megan

Fox and Kevin DuJan against the Orland Park Public Library in this action. 3.

The Parties also have filed or will file a joint motion to dismiss all claims with

prejudice in 2014 CH 16371, pursuant to the Settlement Agreement. Accordingly, the Parties’

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previous representations to the Court regarding consolidation of 2014 CH 16371 with the instant case are moot. 4.

The Parties agree that all claims against the Library in this action should be

dismissed with prejudice pursuant to the Settlement Agreement and that a final order should be entered that terminates this action as to the Library. 5.

The Settlement Agreement includes terms and conditions that are intended by the

Parties to govern the production of records and future additional FOIA requests for the two (2) year term of the Agreement. 6.

The Parties request that the Court retain jurisdiction to enforce the Settlement

Agreement according to its terms. 7.

The Parties also request that the Court’s retention of jurisdiction to enforce the

Settlement Agreement survive the entry of an order terminating this action as to the Library and survive any termination of this action as to the Orland Park Police Department and/or the Village of Orland Park. 8.

This motion does not affect the status of any claims by Plaintiffs that are pending

against the other Defendants in this action, the Village of Orland Park and the Orland Park Police Department. IT IS HEREBY ORDERED: 1. All claims against the Orland Park Public Library in this action are dismissed with prejudice pursuant to the Settlement Agreement. 2. The Court retains jurisdiction to enforce the Settlement Agreement according to its terms for the duration of the Parties’ Settlement Agreement according to its terms.

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3. This action is terminated with prejudice pursuant to the Settlement Agreement as to the Orland Park Public Library. 4. Each Party shall bear that Party’s own attorney’s fees, costs and expenses.

Firm Attorney No. 39408 Patrick J. Rocks Attorney for Defendant Jackson Lewis PC 150 North Michigan Ave. #2500 Chicago, Illinois 60601 (312) 787-4949

ENTERED: DATED:

JUDGE

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JUDGE’S No.

Attachment C – Agreed Order in Fox II

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IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, CHANCERY DIVISION MEGAN FOX and KEVIN DUJAN,

) ) ) ) ) ) ) ) )

Plaintiffs, v. ORLAND PARK PUBLIC LIBRARY Defendant.

Case No. 2014 CH 16371

AGREED DISMISSAL ORDER This matter coming before the Court on the Parties’ Joint Motion to Dismiss, it is hereby Ordered: 1.

The Parties have entered into a Settlement Agreement that resolves all claims in

this action. 2.

Therefore, it is Hereby Ordered:

This action is dismissed with prejudice pursuant to the Settlement Agreement, with each Party bearing that Party’s own attorney’s fees, costs and expenses.

Firm Attorney No. 39408 Patrick J. Rocks Attorney for Defendant Jackson Lewis PC 150 North Michigan Ave. #2500 Chicago, Illinois 60601 (312) 787-4949

ENTERED: DATED:

JUDGE

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JUDGE’S No.

Attachment D – Joint Motion in Fox I

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IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, CHANCERY DIVISION MEGAN FOX and KEVIN DUJAN, Plaintiffs, v. ORLAND PARK POLICE DEPARTMENT, VILLAGE OF ORLAND PARK, and ORLAND PARK PUBLIC LIBRARY Defendants.

) ) ) ) ) ) ) ) ) ) )

Case No. 2014 CH 12568

Honorable Neil H. Cohen

JOINT MOTION FOR DISMISSAL WITH PREJUDICE AND FOR AN ORDER RETAINING JURISDICTION TO ENFORCE A SETTLEMENT AGREEMENT BETWEEN PLAINTIFFS AND THE LIBRARY Plaintiffs Megan Fox and Kevin DuJan, by their attorney, Matt Topic of Loevy and Loevy, and the Orland Park Public Library, by its attorneys Patrick Rocks and Michael Stepien of Jackson Lewis P.C., (collectively, the “Parties”) jointly move for dismissal of all claims against the Library in this action with prejudice pursuant to the Parties’ Settlement Agreement and for an order retaining jurisdiction to enforce the Settlement Agreement reached between the Parties. 1.

The Parties have entered into a Settlement Agreement for the purpose of resolving

all disputes between them based on the Illinois Open Meetings Act (“OMA”) or the Illinois Freedom of Information Act (“FOIA”), including all claims for attorney’s fees, costs and expenses. 2.

The Settlement Agreement also resolved all claims brought by Plaintiffs Megan

Fox and Kevin DuJan against the Orland Park Public Library in this action. 3.

The Parties also have filed or will file a joint motion to dismiss all claims with

prejudice in 2014 CH 16371, pursuant to the Settlement Agreement. Accordingly, the Parties’

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previous representations to the Court regarding consolidation of 2014 CH 16371 with the instant case are moot. 4.

The Parties agree that all claims against the Library in this action should be

dismissed with prejudice pursuant to the Settlement Agreement and that a final order should be entered that terminates this action as to the Library. 5.

The Settlement Agreement includes terms and conditions that are intended by the

Parties to govern the production of records and future additional FOIA requests for the two (2) year term of the Agreement. 6.

The Parties therefore respectfully request that the Court retain jurisdiction to

enforce the Settlement Agreement according to its terms. 7.

The Parties also respectfully request that the Court’s retention of jurisdiction to

enforce the Settlement Agreement survive the entry of an order terminating this action as to the Library and survive any termination of this action as to the Orland Park Police Department and/or the Village of Orland Park. 8.

This motion does not affect the status of any claims by Plaintiffs that are pending

against the other Defendants in this action, the Village of Orland Park and the Orland Park Police Department. 9.

The Parties agree that each Party shall bear its own attorney’s fees, costs and

expenses. WHEREFORE, for the reasons stated in this motion, the Parties respectfully request that the Court enter an order dismissing all claims against the Orland Park Public Library with prejudice pursuant to the Settlement Agreement and an order retaining jurisdiction to enforce the Settlement Agreement according to its terms for the duration of the Settlement Agreement.

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Dated: March 17, 2015 Atty. No. 41295 Matthew Topic Attorney for Plaintiffs Loevy & Loevy 312 North May St., Suite 100 Chicago, Illinois 60607 (312) 234-5900

Respectfully submitted,

Firm Attorney No. 39408 Patrick J. Rocks Michael C. Stepien Attorneys for Defendant Jackson Lewis P.C. 150 North Michigan Ave. #2500 Chicago, Illinois 60601 (312) 787-4949

Respectfully submitted,

MEGAN FOX and KEVIN DUJAN

By: One of Their Attorneys

ORLAND PARK PUBLIC LIBRARY

By: One of its Attorneys

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CERTIFICATE OF SERVICE The undersigned, an attorney, certifies that on March 17, 2015 a true and correct copy of the foregoing JOINT MOTION FOR DISMISSAL WITH PREJUDICE AND FOR AN ORDER RETAINING JURISDICTION TO ENFORCE A SETTLEMENT AGREEMENT BETWEEN PLAINTIFFS AND THE LIBRARY was served by U.S. Mail and e-mail upon the following: Patrick J. Rocks Michael C. Stepien Jackson Lewis P.C. 150 North Michigan Ave. #2500 Chicago, Illinois 60601 (312) 787-4949 [email protected] [email protected] Lance C. Malina Mallory A. Milluzzi KLEIN, THORPE and JENKINS, Ltd. 20 N. Wacker Drive, Suite 1660 Chicago, IL 60606 [email protected] [email protected]

Matthew Topic

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Attachment E – Joint Motion to Dismiss in Fox II

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IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, CHANCERY DIVISION MEGAN FOX and KEVIN DUJAN, Plaintiffs, v. ORLAND PARK PUBLIC LIBRARY Defendant.

) ) ) ) ) ) ) ) )

Case No. 2014 CH 16371

JOINT MOTION TO DISMISS WITH PREJUDICE Plaintiffs Megan Fox and Kevin DuJan, by their attorney, Matt Topic of Loevy and Loevy, and Defendant Orland Park Public Library, by its attorneys, Patrick Rocks and Michael Stepien of Jackson Lewis P.C., (collectively, the “Parties”) jointly move for dismissal of this action with prejudice pursuant to the Parties’ Settlement Agreement. 1.

The Parties have entered into a Settlement Agreement that resolves all claims in

this action. 2.

The Parties agree that this action should be dismissed with prejudice pursuant to

the Settlement Agreement, with each Party bearing that Party’s own attorney’s fees, costs and expenses. WHEREFORE, for the reasons stated in this motion, the Parties respectfully request that the Court enter an order dismissing this action with prejudice pursuant to the Settlement Agreement. Dated: March 17, 2015

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Atty. No. 41295 Matthew Topic Attorney for Plaintiffs Loevy & Loevy 312 North May St., Suite 100 Chicago, Illinois 60607 (312) 234-5900

Respectfully submitted,

Firm Attorney No. 39408 Patrick J. Rocks Michael C. Stepien Attorneys for Defendant Jackson Lewis P.C. 150 North Michigan Ave. #2500 Chicago, Illinois 60601 (312) 787-4949

Respectfully submitted,

MEGAN FOX and KEVIN DUJAN

By: One of Their Attorneys

ORLAND PARK PUBLIC LIBRARY

By: One of its Attorneys

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CERTIFICATE OF SERVICE The undersigned, an attorney, certifies that on this __ day of March, 2015 a true and correct copy of the foregoing JOINT MOTION TO DISMISS WITH PREJUDICE was served by U.S. Mail and e-mail upon the following: Patrick J. Rocks Michael C. Stepien Jackson Lewis P.C. 150 North Michigan Ave. #2500 Chicago, Illinois 60601 (312) 787-4949 [email protected] [email protected]

Matthew Topic

4849-2225-8210, v. 1

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