Professional Documents
Culture Documents
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Plaintift
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1l Action No.13
394
l.
offive
Settlemcnt Payment and Other Relief, Det'endant shall pay plaintiff the total sum
hundred and
this case and to compensate plaintifffor injuries that he alleges he suffered. The total sum of
$550,000 shall be paid to plaintiff, consistent with the normal processing procedures followed by
the Depa(ment.of Justice, the Department of the Treasury and/or the Department of Homeland
Security, following filing of this Stipulation with the Court. The payment shall be made by
electronic funds transfer to Plaintiffs attomey's banl< account. Plaintiff and his attomey agree to
provide the necessary information to eff'ect the transfer of fr.rnds to the bank account. fhese
payments represent all attomey's fees, costs, damages, and othor litigation expenses in this case,
and defendant shall have no further
case or for any other
In addition to the payment above, the Department of Homeland Security (,,the Agency',)
agrees to take the
a)
b)
The Agenoy
will
This designation will be for two (2) years following the date of this
Stipulation; and
c)
The Agency
this Stipulation until the date the lump sum is detivered to Plaintiffs
attornoy, If plaintiff exercises any right to rescind this Stipulation after he
executes it, he
Plaintiff agrees
a)
as
will
follows:
b)
c)
Resign from the Agency effective the date the lump sum
amount is delivered
to his attomey's account. The executed Stipulation serves
as
plaintiffs letter
of resignation;
d)
Plaintiffshall remain out ofthe office and on paid leave from the
date of
execution ofthis Stipulation wrtil the date the lump sum is delivered to
plaintiff
e)
than the agreed contact person, the Agency is not responsible for information
or disclosures provided by such individuals; and
l)
will
former DHS component. This exception does not apply to DHS component
U.S, Customs and Border Protection. Further, for a period of two years,
if
-3-
Plaintiff acknowledges that the waiver of his rights and claims hereunder is knowing
and
voluntary. Plaintiffshall have twenty-one (21) days, commencing on october 19,2015 to
consider the terms
this21-
day consideration period has elapsed, plaintiffacknowledges that his decision to accepl
such a
shortening ofthe period is knowing and voluntary, ard has not been induced by any threat,
promise, or other representation attributable to defendant or defendant's employees or agents,
including without limitation any threat to withdraw or alter any of the terms hereof prior to the
expiration ofthe 2l-day consideration period, Plaintiffmay revoke his agreement to this
Stipulation during the seven (7) calendar day period fotlowing his execution hereof; and this
Stipulation becomes effective and enforceable upon the passage ofthat seven-day period,
if
writing and delivered to defendant's oounsel on or before the seventh calendar day after the date
on which plaintiffsigns this Stipulation,
an attomey prior to
signing this Stipulation and has done so. By the signatures below, plaintiff s counsel represents
that: (i) he has served as plaintifls attomey with respect to this matter; (ii) he has examined this
Stipulation and has discussed its terms with plaintiff; and (iii) he believes that the requirements
set
forth in 29 u.s.c. $ 626(f)(lXA) - (G) have been fully satisfied in connection with this
settlement agreement.
3.
this Stipulation
as
stipulation with the court at any time after the expiration ofseven (7) carendar
days after the
date on which the Stipulation was signed by Plaintiff, and such
41 (a)(
)(A)(ii),
except that the court may retain jurisdiction to enforce the terms of this Stipulation. This
relention ofjurisdiction, being limited to enforcement of the terms of the settlement, does not
extend to the award ofany damages except insofar as damages may be a component ofthe
4,
full
ofall
claims which have been or could have been asserted by plaintiffin the above-captioned civil
action, and all claims relating to his employment with the Department of Homeland Seourity
("the Agency"), including without limitation all claims for compensatory damages, back pay,
front pay, costs, attomey's fees, and interest or other compensation for delay, and plaintiff agrees
not to hereafter assert any claim or institute or prosecute any civil action or other proceeding
against the Defendant, the Agency, or the Un.ited States, its agencies or officials, or its present or
former employees or agents, in either their official or individual oapacities, with respect to any
event complained of therein or with respect to any claim involving his employment with the
Agency, Plaintiffhereby fully and forever releases and discharges the Defendant, the Agency,
and the United States, its agencies and officials, and its present and former employees and
agents, in their offrcial and individual capacities, from any and all rights and claims ofevery
kind, nature, and description, whether presently known or unknown, whioh plaintiffnow has or
may have arising out
civil
of 1978, the older workers Benefit protection Act of 1990, the civil Rights
Act of 1991, and the Family and Medical Leave Act of 1993, all as
amended and currently in
effect. In connection with this release, plaintiff acknowledges that he is aware rhat
he may
hereafter discover rights or claims presently unknown and unsuspected,
or facts in addition to or
different from those which he now knows with respect to the rights and claims released herein.
Nevertheless, Plaintiffagrees, through this stipulation, to settle and relesse all such rights and
claims.
This Settlement Agreement does not waive any rights or benefits that may be available to
Plaintiffas
a result
of the union grievance or litigation stemming from the data breach of the U,S,
5.
ofall
201 5
No Assipnment. Plaintiff represents and warrants that he is the sole lawful owner
the rights and claims which he has setfled and released heroin, and that he has not
transferred or assigned any ofthose rights and claims or any interest therein, Plaintiffshall
indemnify, hold harmless, and defend the defendant, the Agency, and the United States, its
agencies and of'ficials, and ils present and former employees and agents, in their official and
individual capacities, lrom and against any transfered, assigned, or subrogated interests in those
rights and claims,
6.
No,Admission of Liability. This Stipulation has been entered into by plaintiff and
defendant solely for the purposes of compromising disputod claims without protracted legal
proceedings and avoiding the expense and risk of such
not intended and shall not be deemed an admission by either party of the merit or lack
of merit
of
the opposing party's claims and defenses. without limiting the generality of the foregoing,
this
Stipulation does not constitute, and shall not be construed as, an admission that defendan(
the
Agency, or any ofthe Agency's present or formor employees or agsnts violated any of plaintifps
rights or any laws or regulations, or as an admission ofany contested fact alleged by plaintiffin
connection with this case or otherwise. This Stipulation may not be used as evidence or
otherwise in any civil or administrative action or proceeding against defendant, the Agency, or
the United states or any of its agencies or oflicials or present or former employees or agents,
either in their official or individual capacities, except for proceedings necessary to implement or
enfurce the terms
7,
hereof.
'
ofthis Stiputation
fililg
8.
Entire Agreemenl. This Stipulation contains the entire agreement between the
parties hereto and supersedes all previous agreements, whether written or oral, between the
parties relating to the subject matter hereof. No promise or inducement has been made except as
set
forth herein, and no representation or understanding, whether written or oral, that is not
expressly set
fo(h
connection herewith.
9'
l0'
was collaborative in nature, and so agree that any presumption or rule that
an agreement is
conshued against its drafler shall not apply to the interpretation of this Stipulation
or any ten1 or
provision hereof.
I
l.
Headings. The paragraph headings in this Stipulation have been inserted for
convenience ofreference only, and shatl no1 limit the scope or otherwise affect the interpretation
12.
Severability. The provisions of this Stipulation are severable, and any invalidity
or unenforcability ofany one or more of its provisions shall not cause the entire agreement to
l'ail or affect the validity or enforceability ofthe other provisions herein, which shall be enforced
without the severed provision(s) in acoordance with the remaining provisions of this StipulaXion.
13,
additional documents as may be necessary or appropriate to fully effectuate and implement the
terms of this Stipulation,
14.
Riqht to Cure. Ifeither Plaintiffor Defendant at any time believes that the other
party is in breach of this Stipulation, that party shall notify the other party of the alleged breach.
The other party shall then have thirty (30) days to cure the breach or otierwise respond to the
a good
8-
l5'
If to plaintiff:
Michael Leiterman
I Peaoe Pipe Lane
Fredericksburg, y r gtrrra 22401
Email: leitlaw@hotmail.com
'
LLp
If to defendant:
Philip F. Carpio, Esquire
OfIice of Chief Counsel
U.S, Customs and Border Protection
1300 Perursylvania Avenue, NW
Washington, D.C, 20229
Fax (202)344-2950
Ernail: philip.carpio@dhs.gov
16'
which shall be deemed to be an original and all of which together shall be deemed to be one and
the same agreement, A facsimile or other duplicate
as a
coverning Law. This stipulation shall be governed by the laws of the District of
Columbia" without regard to the choice of law rules utilized in that jurisdiction, and by the laws
8.
Binding Effect. Upon execution ofthis Stipulation by all parties hereto, this
0o
personal representatives, administrators, successors, and assigns; provided, however, that the
settlement agreement herein shall not become effective or enforceable until the revocation period
provided for in Paragraph 2 hereof has expired. Each signatory to this Stipulation represents and
warrants thal he is fully authorized to enter into this Stipulation.
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5406552582
11
THE Filed
UPs sTORE
6102 Page 11 of 11
Case 1:13-cv-00394-RDM Document 64
11/24/15
lN wlrNESS \\/HEREOF,
CHANNING D,PHlLLIPS.
, hrrve
Ba
Dat
DANIEL F.VAN
DC Bar#924092
JOSEPH ESPO
D.C.Bar#429699
Broul,Goldstin and Letry,LLP
W,MAttK NEBEK
DC Bar#396739
Baltimorc,plD 21202
(410)962-1030
Datc: :l
16/20
P I ai nt
iff
\Vashington, DC 20.530
Auorneys
SO ORDERED on this
day
of
for Defendcut
,2015,
11-
#.
PAGE
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