Singh v. Hauser et al

Filing 67

STIPULATION FOR COMPROMISE SETTLEMENT AND RELEASES re 64 . Signed by Judge Elizabeth D. Laporte on 7/1/09. (lmh, COURT STAFF) (Filed on 7/1/2009)

Case3:07-cv-02997-EDL Document64

Filed06/30/09 Page1 of 10

1 JOSEPH P. RUSSONIELLO (SBN 44332)

United States Attorney 2 JOANN M. SWANSON (SBN 88143) Chief, Civil Division

3 MICHAEL T. PYLE (SBN 172954) Assistant United States Attorney
4
5 San Francisco, California 94102

450 Golden Gate Avenue, Ninth Floor
Telephone: [phone]

6 Facsimile: [phone]
Email: michaeI.t.pyle~usdoj.gov

7

Attorneys for Defendants
8 9

10 11 12 13
14
RAGHBIR SINGH,
Plaintiff,
v.

UNTED STATES DISTRICT COURT.

NORTHERN DISTRICT OF CALIFORN
SAN FRACISCO DIVISION
) No. C 07-2997 EDL
)

15

) STIPULATION FOR COMPROMISE ) SETTLEMENT AN RELEASES; ) (PROPOSED) ORDER
)
)

16
17

LINDA HAUSER et aI.,

Defendants.

18

) ) )
)

19 20

21
22

23
24

25 26
27 28
STIPULATION FOR COMPROMISE SETTLEMENT AND RELEASES; (PROPOSED) ORDER No. 07-2997 EDL

Case3:07-cv-02997-EDL Document64

Filed06/30/09 Page2 of 10

1 THE PARTIES AND THEIR ATTORNEYS OF RECORD HEREBY SUBMIT THE
2 FOLLOWING STIPULATION FOR COMPROMISE SETTLEMENT AND RELEASES
3 (hereinafter, "Stipulation and Agreement"):

4 IT IS HEREBY STIPULATED AND AGREED as follows:
5 1. This Stipulation and Agreement is entered into by and between Raghbir Singh
'6 ("Plaintiff') the Departent of

Homeland Securty ("DHS"), and National Command Link
both
whom is a

7 Network 20 ("NCLN20"). DHS enters into this Stipulation and Agreement on behalf of

8 itself

and defendants Linda Hauser, John P. Morgan and Mario Canton, each of

9 curent or former employee ofDHS ("Defendants"). Plaintiff, Defendants, DHS and NCLN20

10 are collectively referred to as the "Parties."
11 2. The Parties to this Stipulation and Agreement do hereby agree to settle, compromise and
12 dismiss the case curently pending in the United States Distrct Cour for the Northern

Distrct of

13 California styled as Raghbir Singh v. Linda G. Hauser, et ai., No. C 07-2997 EDL ("the

14 Action"), under the terms and conditions set forth herein.
15 3. The effective date of

this Stipulation and Agreement ("Stipulation and Agreement

16 Effective Date") is the date on which all signatories to this Stipulation and Agreement have
1 7 signed and dated the Stipulation and Agreement.
18 4. In full satisfaction of all claims against Defendants, DHS wil provide Plaintiff, a
19 payment of

Fifty Thousand dollars and no cents ($50,000.00).

20 5. Plaintiff and his heirs, executors, admiistrators, assigns and attorneys hereby agree to

21 accept the payment referred to in paragraph 4 in full and final settlement and satisfaction of the

22 claims raised in the Action under the terms and conditions set forth herein.
23 6. The payment of $50,000.00 shall be made by wire transfer to a bank account designated

24 by counsel for Plaintiff in wrting.
25 7. Neither Plaintiff nor any of

his attorneys may make any additional claim for attorney's

26 fees or other costs against the United States and/or its agents, servants, or employees (including
27 DHS and Defendants).
28 8. In consideration of the payment referred to in paragraph 4, Plaintiff agrees that he wil

No. 07-2997 EDL -2-

STIPULA nON FOR COMPROMISE SETTLEMENT AND RELEASES; (PROPOSED) ORDER

Case3:07-cv-02997-EDL Document64

Filed06/30/09 Page3 of 10

1 immediately upon execution of this Stipulation and Agreement, execute a Stipulation of
2 Dismissal, which stipulation shall dismiss, with prejudice, all claims asserted or any claims that
3 could have been asserted in the Action. The fully executed Stipulation of

Dismissal wil be held

4 by counsel for the Defendants and wil be fied with the Cour upon payment of the $50,000 to

5 Plaintiff.
6 9. In consideration of the payment referred to in paragraph 4, Plaintiff

hereby releases and

7 forever discharges the United States, and any and all of its past and present agencies, offcials,
8 mployees, agents, attorneys, successors, and assigns (including DHS and Defendants) from any

9 nd all obligations, damages, liabilities, causes of actions, claims, and demands of any kind and
10 ature whatsoever, whether suspected or unsuspected, arising in law or equity, arising from or by

11 eason of any and all known, unown, foreseen, or unforeseen injures, and the consequences
12 hereof, resulting from the facts, circumstances and subject matter that gave rise to the Action.
13 his includes a release of any rights or claims Plaintiff may have under Title VII of

the Civil

14 'ghts Act of 1964,42 US.C. § 2000 et seq., which prohibits discrimination in employment
15 ased on race, color, national origi, religion, or sex, the Equal Pay Act, which prohibits payig
16 en and women unequal pay for equal work, the Americans with Disabilities Act (42 US.C. §
17 12101 et seq.), which prohibits discrimination against the disabled, the Age Discrimination in

18 mployment Act, 29 US.c. § 621 et seq. (as amended by the Older Workers' Benefit Protection
19 ct, 29 US.C. § 626(t)), which prohibits age discrimination in employment, the Employee

20 etirement Income Securty Act ("ERISA"), 29 US.C. § 1001 et seq., the California Fair

21 mployment and Housing Act ("FEHA"), California Governent Code § 12940 et seq., the Fair
22 abor Standards Act, 29 US.C. §§ 201 et seq., the California Labor Code, the California
23 onstitution, the United States Constitution, the Religious Freedom and Restoration Act

24 "RFRA"), and/or any other claim Plaintiff could have asserted that arises from Plaintiffs
25 mployment with any DHS contractor or subcontractor (including Ameriguard and National

26 ommand Lin Network 20, Inc.).

27 10. NCLN20 hereby releases and forever discharges the United States, and any and all of its
28 ast and present agencies, offcials, employees, agents, attorneys, successors, and assigns

No, 07-2997 EDL -3-

STIPULATION FOR COMPROMISE SETTLEMENT AND RELEASES; (PROPOSED) ORDER

Case3:07-cv-02997-EDL Document64

Filed06/30/09 Page4 of 10

1 (including DHS and Defendants) from any and all obligations, damages, liabilities, causes of
2 ctions, claims, and demands of any kind and nature whatsoever, whether suspected or
3 nsuspected, arsing in law or equity, arising from or by reason of any and all

known, unown,

4 oreseen, or unforeseen injuries, and the consequences thereof, resulting from Raghbir Singh's
5 ormer employment with NCLN20, the Action, and/or the settlement of

the Action. This Release

6 's limited to the circumstances and subject matter ofthe Action and does not extend to other,

7 elated claims NCLN20 has (or may have) against the US. Government or its Departents or

8 Y state governents.
9 1 1. DHS and Defendants hereby release and forever discharge NCLN20, and any and all of its

10 ast and present agencies, offcials, employees, agents, attorneys, successors, and assigns from
11 ny and all obligations, damages, liabilities, causes of actions, claims, and demands of

any kid

12 nd natue whatsoever, whether suspected or unsuspected, arsing in law or equity, arising from or

13 y reason of any and all known, unown, foreseen, or unforeseen injures, and the consequences
14 hereof, resulting from Raghbir Singh's former employment with NCLN20, the Action, and/or the
15 settlement of

the Action.

16

12.

The provisions of California Civil Code Section 1542 are set forth below:

1 7 A general release does not extend to claims which the creditor does not know or

suspect to exist in his favor at the time of executing the release, which if known by 18 him must have materially affected his settlement with the debtor.
19 he Parties, having been apprised of the statutory language of Civil Code Section 1542 by their

20 espective attorneys, and fully understanding the same, nevertheless elect to waive the benefits of
21 ny and all rights each Part may have pursuant to the provision of that statute and any similar
22 rovision of federal law. The Parties understand that if

the facts concerning the Plaintiffs' injur

23 nd the liability of the United States, and any and all of its past and present agencies, offcials,
24 mployees, agents, attorneys, successors, and assigns (including DHS and Defendants), for
25 amages pertaining thereto are found hereafter to be other than or different from the facts now

26 elieved by them to be tre, the Releases in this Stipulation and Agreement shall be and remain
27 ffective notwithstanding such material difference.

28 13. The Parties acknowledge that neither this Stipulation and Agreement nor anyting

No. 07-2997 EDL -4-

STIPULATION FOR COMPROMISE SETTLEMENT AND RELEASES; (PROPOSED) ORDER

Case3:07-cv-02997-EDL Document64

Filed06/30/09 Page5 of 10

1 ontained herein shall constitute an admission of

liability, fault, wrong-doing, or violation of

law,

2 les or regulations on the part of the United States, and any and all of its past and present

3 gencies, officials, employees, agents, attorneys, successors, and assigns (including DHS and

4 efendants).
5 14. This Stipulation and Agreement may be pled as a full and complete defense to any

action

6 r other proceeding, including any local, state or federal administrative action, involving any

7 erson or part which arses out of the claims released and discharged by this Stipulation and

8
9 15. If any withholding or income tax liability is imposed upon plaintiff based on payrent of

10 e settlement sum as set forth in Paragraph 4, Plaintiff shall be solely responsible for payig any
11 such liability. DHS wil not withhold any taxes of any kid. The determination of

Plaintiffs' tax

12 iability, if any, is a matter solely between Plaintiff, his attorneys, the IRS and/or state and local
13 ax authorities.
14 16. Each of

the Parties to this Stipulation and Agreement hereby represents and warrants that

15 e/she/it has not assigned or otherwise transferred any claim he/she/it may have had against the
16 ther, or asserted any such claim in any other action or proceeding.

1 7 17. Each Part acknowledges that he/she/it has been represented by and has relied upon
18 dependent counsel in negotiating, preparig and enterig into this Stipulation and Agreement
19 nd that each Par has had the contents of this Stipulation and Agreement fully explained by
20 ounsel and that each Par is fully aware of and understands all of the terms of the Stipulation

21 nd Agreement and the legal consequences thereof. It is fuher acknowledged that the Parties
22 ave mutually participated in the drafting of

this Stipulation and Agreement and it is agreed that

23 0 provision herein shall be construed against any par hereto by virte of the drafting of this

24 Stipulation and Agreement. This Stipulation and Agreement shall be construed broadly to

25 ccomplish the intent and purose of the Parties, as such intent and purose is stated in this
26 Stipulation and Agreement.

27 18. If any provision of this Stipulation and Agreement shall be held invalid, ilegal, or
28 nenforceable, the validity, legality, and enforceability of

the remaining provisions shall not in

No. 07-2997 EDL -5-

STIPULA TlON FOR COMPROMISE SETTLEMENT AND RELEASES; (PROPOSED) ORDER

Case3:07-cv-02997-EDL Document64

Filed06/30/09 Page6 of 10

.J

1 Y way be afected or impaired thereby.
2 19. The Pares covenant and agree never to commence or prosecte any action based upon
3 y claim. cause of action, obligation or liabilty released herin. The Pares also covenant and

4 gre not to encourge or instigate any thd pares to intiate litigation over the clai and
5 atters covered by this Stipulation and Agreement.

6 20. Ths intrent shll constitute the entir agreement between the Pares, and it is
7 xpressly understood and agreed tht ths Stipulation and Agreement has been frely and
8 oluntailyentere into by the Pares hereto with the advice of counsel, who have explaied the
9 egal effect of

ths Stipulation and Agrement The Pares fuer acknowledge that no warties.

10 r representations have been made on any subject other than as set fort in ths Stipulation and

11
12
21.
Ths Stipulation and Agreement may not be altered, modified or otherwe chaged

in

13 Y respect except in wrtig, duly executed by all of the Pares or their authorized

14 resentatives.
15
22.

Ths Stipulation and Agreement may be executed in counterpars by the Pares hereto,

16 ach of which shl be deemed an original, and which together shl constitute one and the same

17 . nstrment, having the same force and effect as if a single origi had ben executed by al

18

ares. The Pares agree to accept facsimile trsmission signatues and PDFs trsmitted by e"i as though they were original signatus on ths docment.

19

20
21 22

The signatories to ths Stipulation and Agent have actul authority to bind the

23
24

RAGHBIR SINGH

hL

Plaintiff

25 26
27

DEPARTMNT OF HOMELA SECURTY
Nationa Conud Lin Network 20

28

No. 07-2997 EDL -6-

STIPULATION FOR COMPROMISE SETTLEMENT AND RELEASES; (PROPOSED) ORDER

Case3:07-cv-02997-EDL Document64

Filed06/30/09 Page7 of 10

1 Y way be affected or impaired thereby.

2 19. The Pares covenant and agree never to commence or prosecute any action based upon
3 ny claim, cause of action, obligation or liabilty released herein. Thc Pares also covenant and

4 gre not to encourge or instigate any third paries to initiat litigation over the claims and
5 tters covered by this Stipulation and Agrment
6 20. This instrment shall constitute the entire agreement between the Partes, and it is

7 xpresly understoo and agrd that this Stipulation and Agrecment has been freely and
8 oluntay entered into by the Pares herto with the advice of counsel, who have exlained the

9 egal effect of this Stipulation and Agrment Th Pares fuer acknowledge that no warnties
10 r represtaons have been made on any subject other than as set fort in this Stipulation and

11
12 21. This Stipulation and Agreement may not be altered modified or otherise changed in
13 Y respet except in wrting, dulyexecutcd by all of

the Parties or their authorized

14 epreentatves.
15
16 ch of

22.

l1i Stipulation and Agrecment may be executed in counterar.. by the Pares hereto,
whih shall be deemed an original, and which together shan constitute

one and the sae

17 nstient, havig the same force and effect as if a single original ha ben executed by all

18 ares. The Paries agr to accept facsimile transmission signtues and PDPs trsmitted by c19 ail as though they were origial signatues on ths document.

20
21

23.

The signatories to this Stipulation and Agrment have actul authri to bind th

22

23 ated: Mar -- 2009
24
RAGHBIR SINGH Plaintiff

25 26
27 28

ted: Marclí, 2009 l). £lQ;I ~

DEPARTMNT OF HOMEAN SECURITY

National Command Link Network 20

STlPULATION FOR COMPROMISE SETTLEMENT AND RELEASES; (pROPOSED) ORDER

No. 01.2997 EDL -6-

Case3:07-cv-02997-EDL Document64

Filed06/30/09 Page8 of 10

1 Y way be afected or impaid therby.
2 19. The Pares covenant and agr never to commence or prosecute any acon base upon
3 y clai, cause of action, obligation or liabilty releaed berin The Pares also covenant and
4 e not to encourge or instigate any thrd pares to intiate litigation over the claims and

5 aUer covered by this Stipulation and Agrement.

6 20. Th ,intrent shl constitute the enti agreeent between the Partes and it is
7 xpressly understood and agred tht th Stipulation and Agrent has bee frely and
8 oluntaly entere into by the Pares herto With the adice of cmUlsel, who have explaied the

9 legal efft of th Stipulation and Agrent The Pares furter acknowledge that no warties
10 r repretations have been made on any subject oller th as set for in th Stipulaon an

11
12 This Stipulaton and Agreeent may not be altered, modfied or otherwie changed in
13 y respe except in writing, duly executd by all of

the Paries or their autori

14

15
16 ach of

22.

This Stipulation and Agreement may be executed in counterar by the Paries herto.

which shal be deemed an origial and which together shall costitue one and the same
all

17 'nstrument, baving the sae force and effect as ita single original had bee executed by

18 ares. The Pares agre to accept facsimile trnsmision signatu and PDFs trsmitted by e-

19 ai as though they were original signatu on th docent

20
21

23.

The signatories to ths Stipulation and Agrement have actual autority to bind th

22 23 24 25
Date: Mah _, 2009

RAGHBIRSYH

Plant

26
27 ate: March Ii? 200
28

ARTMEN OF HOMELAN SECU '\ ?at'"ia.1C tJU.rZo Tt-C
at10nal omm Lin Network 20 I

.~~mWL ~

STlPUJ.ATlON FOR COMPROMise SETTLBMENT ANI) RELEASES; (PROPOSED) ORDER

Case3:07-cv-02997-EDL Document64
03/10/2009 13: 08 FAX

Filed06/30/09 Page9 of 10
~002/002

1 2

aW Mai I#, 2009 4;. -L-~~
Lm . Hauser
ated: Mah _, 2009
Maro Canto

3
4

5

6

ated: March -- 2009
Joh.n P. Morga

i
8 9

A TED: Mah -J 2009

JOSEPH P. RUSSONrLLO United States Attorney
Michael T. Pyle Assistant Umted States Attorney
Attey for Defendts

10
11

12

13
14
15

PURSUAN TO STIULA nON, IT is SO ORDERED:

A TED: Mar _, 2009

16
17

The Honorable Elzabeth D. La
Unted States Magistrte Judge

19

19
20

21
22

23
24 25

26 27
28

No, 07-2997 EDL -7MAR-10-2009 12:55PM From:

STIPTJLA TION FOR COMPROMISE SETTLEMENT AND RELEASES; (PROPOSED) OR.DER

ID: US ATTORNEY

Page: 002 R=97%

Case3:07-cv-02997-EDL Document64 Filed06/30/09 Page10 of 10 03/25/2009 13: 48 4155223218 DHSFPS PAGE 07/07

1

ated: March _~ 2009

Linda ú. Hauser

2
3
ated: March 15 2009
4

~Caro
John P. Morgiin

5

6
7 8

ated: Marh.. 2009

ATE: ~,.~ 2009
9

10
11
12
PURSUANT TO STIPULATION, IT is SO ORDERED:

13 14

15
16

July 1, 2009

UNIT ED

The Honorable tlizabeth D. Laporte

17 18 19

United States Magistre Judge

S

1\ TED: Marh -' 2009

S DISTRICT TE C TA

22 23 24
25

ER

N

D IS T IC T R

OF

26 27
28

No. 07.2997 BOL ft7- .
MAR-25-2009 02:58PM From: 4155223218

STIPULATION FOR COMPROMISE gBtT.LBMENT AND RBLEASJ3S; (PROPOSED) ORDER

A

C

LI
ID: ÚS ATTORNEY

21

FO
Page:0Ø7 R=97%

20

La beth D. ge Eliza Ju d

porte

R NIA

O OR IT IS S

DERED

RT U O

NO

RT

H