settlement agreement in leiterman v. johnson

8/20/2019 Settlement agreement in Leiterman v. Johnson

http://slidepdf.com/reader/full/settlement-agreement-in-leiterman-v-johnson 1/11

JEH

JOHNSON,

Secretary,

U.S.

Department

of

Homeland

Sccurity

Defendant.

sTrpuLATrpN oF

SETTLEMENT

ANp

pISMTSSAL

The

parties,

by

and through

the undersigned

counsel, hereby

agree

and stipulate

that the

above-captioned

civil

action

shall be settled

and dismissed

on the

following

terms:

l.

Settlemcnt

Payment

and Other

Relief,

Det'endant shall

pay

plaintiff

the

total

sum

offive

hundred

and fifty

thousand dollars ($550,000.00)

in

full settlernent

of

plaintifPs

claims

in

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

liability

for those

fees,

costs, damages,

and

expenses

in this

case

or

for

any

other

liability

subject to

the release

herein.

Case 1:13-cv-00394-RDM Document 64 Filed 11/24/15 of 11



In

addition

to the

payment

above,

the

Department

of

Homeland

Security

(,,the

Agency',)

agrees

to take

the

following

action

with

respect

to

Plaintiff:

a) The

Agency

will remove

the handwritten

comment from

the 2010-201I

Performance

Appraisal

from

Plaintiff

s administrative filo;

b)

The Agenoy

will

designate

a

person

or

position

within

its Offrce

of

Human

Resources

Management

to

respond

to

inquiries

about Plaintiff

from

prospective

employers

by

stating

onlyjob

title, dates of

service,

and salary.

This designation

will be for

two

(2)

years

following

the date

of this

Stipulation;

and

c) The

Agency will

place

Plaintiffon paid

leave

from

the date

of

execution

of

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 will

be required

to

repay

this

leave

to the

Agency.

Plaintiff

agrees

as

follows:

a)

Concunent

with

the

execution

of

this Stipulation,

Plaintiff

shall

execute

a

global

release

ofall

pending

and

possible

claims,

including

a

claim

for

attomey

fees,

and

Plaintiff

shall dismiss

this lawzuit

ard

any

other

complaints,

in

any

forum

or venue;

b) Concurrent

with

the

execution

of

this Stipulation, Plaintiil'shall

dismiss

witl-r

prejudioe

all

grievances,

oppeals,

or EEO

complaints, including

but

not

limited

to Agency

Nos,

HS-CBP-2301-2015; HS-CBP-24210-2015;

‚

‚S




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

Plaintiffs

attorney,

except

that

Plaintiffwill

be

permitted

to

remove

his

personal

items

from

his office

and from

his

government

computer,

plaintiff

shall

leave

behind

all

govemment

property,

including

government

information

and

government

property provided

to

him

as a

reasonable

accommodation

while

working

at

the

Agency;

e) Plaintiffshall

direct pr.ospective

employers

to the Agency's designated

contact

person

for

information

regarding

his

job

tit.le,

dates

ofservice, and salary. In

the

event Mr.

kiterman

provides prospective

employers

with

references other

than

the agreed

contact

person,

the Agency is not responsible for information

or disclosures

provided

by

such individuals;

and

l)

Plaintiffshall

never

to apply for or accept employment

at the

Department

o[

Homelard

Security

(DFIS)

or any

of

its

components, except that,

if

a

current

DHS

component

is sprm

off

into

a separate federal

agency

or becomes

an

independent

agency,

Mr. Leiterman

will

be free

to

apply to

work for

that

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

Mr,

Leiterman is

employed by

an agency or agency component that becomes

a

part

of

DFIS,

Plaintiffhe

will voluntarily leave his

position,

either

by

-3-




transfer

or resignation.

Plaintiff

waives

all

appeal

rights

concerning

this

employment

restriction,

2.

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

ofthis

Stipulation.

If

plaintiff

chooses

to

sign

this

Stipulation

before

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

Plaintifls

agreement

to this Stipulation

has

not

been timely

revoked.

Such revocation

must

be in

writing

and

delivered

to

defendant's

oounsel

on or before the

seventh

calendar day after

the

date

on which

plaintiffsigns

this Stipulation,

Plaintiffis

advised

to

consult

with

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.

•]

4•]




3.

Dismissal

with

prejudice.

unress

praintifftimely

exercises

his

right

to

rescind

this

Stipulation

as

provided

in

paragraph

2

hereof,

any

party

may

file

the

fully

executed

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

filing

shall

constitute

a

dismissal

ofthe

above-oaptioned

civil

action

with

prejudice

pursuant

to Fed.

R.

civ.

p.

41

(a)(

1

)(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

payment to

be

made

as

described

in

Paragraph

l,

hereof.

4, Release,

This

Stipulation

provides

for

the

full

and

complete

satisfaction

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

ofor

in connection

with

any event occurring

on

or betbre the

date

that this

•]

5•]




Settlement

Agreement

becomes

effective

and

enforceable,

including

without

limitation

any

rights

or

claims

under

the

Equal

pay

Aot

of 1963,

Title

vrl

ofthe

civil

Rights

Act

of 1964,

the

Age

Discrimination

in

Employment

Act

of 1967,

the

Rehabilitation

Act

of

1973,

the

civil

Service

Reform

Act

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,

Oflice

of

Personnel

Management in

201 5

prior

to his

resignation.

5.

No Assipnment.

Plaintiff

represents

and warrants

that

he

is

the sole

lawful

owner

ofall

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 litigation, Therefore, this Stipulation is

•]

6•]




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 hereof. '

7,

Tax

Consequences.

Plaintiff

acknowledges

that he has not relied

on any

representations

by

govemment

employees

or

agents as to

the

tax consequences

ofthis

Stiputation

or

any

payments

made by

or

on

behalf

of defendant

hereunder.

Plaintiff

shall be solely

responsible

for

compliance

with all

federal,

slate, and local

tax

fililg

requirements

and other

obligations

arising

lrom

this Stipulation

that are applicable

to Plaintiff.

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 herein

shall be

enforced or

otherwise be

given

any

force

or

eftbct

in

connection

herewith.

•]

7•]




16'

Execution.

This

stipulation may

be executed

in

two

or

more

counterparts,

each

of

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

ofa

signature

shall have

the same effecl

as a

manually-executed

ori

ginal.

17

. 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

of

the

United

States,

1

8.

Binding

Effect.

Upon

execution ofthis

Stipulation by

all

parties

hereto,

this

Stipulation shalt

be

binding upon

and

inure

0o

the

benefit

ofthe

parties

and

their

respeotive heirs,

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.

• ]

10-




lN

wlrNESS

\\/HEREOF,

rhe

parties

hereto,

iutending

to

be legally

executed

rhis

Stipulation

on

the

dates

shorvn

below.

PAGE 02/12

Dat

Broul,Goldstin and Letry,LLP

120E.Baltill10re Street,Sllitc 1 700

Baltimorc,plD 21202

(410)962-1030

SO ORDERED

on

this

_

day

of

CHANNING D,PHlLLIPS.

United Statcs Atto•¡ey

for tllc DisLict of Colunlbia

BaƒÑ

.

Auorneys

for

Defendcut

,2015,

L•u

NITED STATES DISTRICT JUDGE

JOSEPH ESPO

D.C.Bar#429699

DANIEL F.VAN

DC Bar#924092

Clliet Civil Divis

W,MAttK NEBEK

DC Bar#396739

Assistant Unitcd Statcs

155 4th Strcct,N.W.

\Vashington,

DC

20.530

4t

to r n ey

fo

r

P

I ai

nt

iff

Datc: :lƒm

6/20

• ]

11-

‚

•

•

•

•

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•

•

,

hrrve


settlement agreement in leiterman v. johnson

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