Khazal v. JP Morgan Chase Bank, N.A.

Filing 61

STIPULATED REQUEST AND ORDER FOR THE COURT TO FILL IN MISSING TERMS IN LONG-FORM SETTLEMENT AGREEMENT AS MODIFIED BY THE COURT, granting 59 STIPULATION. Signed by Judge Phyllis J. Hamilton on 12/16/15. (jebS, COURT STAFF) (Filed on 12/17/2015)

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SEYFARTH SHAW LLP
Laura Maechtlen (SBN 224923)
E-mail: [e-mail]
[e-mail]
Emily E. Barker (SBN 275166)
E-mail: [e-mail]
[e-mail]
Jason M. Allen (SBN 284432)
E-mail: [e-mail]
560 Mission Street, 31st Floor
San Francisco, California 94105
Telephone:
[phone]
Facsimile:
[phone]
Facsimile•
Attorneys for Defendant
JPMORGAN CHASE BANK, N.A.

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Arkady Itkin (SBN 253194)
LAW OFFICE OF ARKADY ITKIN
100 Pine Street, Suite 1250
San Francisco, California 94111
Francisco, California
E-mail:[e-mail]
Telephone:
[phone]
Facsimile:
[phone]
Facsimile•

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Attorney for Plaintiff
REBECCA KHAZAL

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND DIVISION
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REBECCA KHAZAL,

Case No. 4:13-CV-04076 PJH

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Plaintiff,
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v.
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JPMORGAN CHASE BANK, N.A., and DOES 1
through 25, inclusive,

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STIPULATED REQUEST AND
[PROPOSED] ORDER FOR THE COURT
TO FILL IN MISSING TERMS IN LONGFORM SETTLEMENT AGREEMENT
AS MODIFIED BY THE COURT

Defendants.

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STIPULATED REQUEST AND [PROPOSED] ORDER FOR THE COURT TO FILL IN MISSING TERMS
IN LONG-FORM SETTLEMENT AGREEMENT - CASE NO. 4:13-CV-04076 PJH

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Pursuant to Civil Local Rules 6-1(b), 6-2, and 7-12, Plaintiff Rebecca Khazal (“Khazal”) and
("Khazal")

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Defendant JPMorgan Chase Bank, N.A. (“JPMorgan”) hereby stipulate and jointly request the Court to
("JPMorgan")

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fill in the remaining terms of the long-form settlement agreement and to dismiss this case with prejudice.

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On November 16, 2015, the Court heard argument on JPMorgan’s motion to enforce the shortJPMorgan's

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form settlement agreement signed by the parties during mediation. At that hearing, the Court granted
signed by the parties during mediation.

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JPMorgan’s motion and gave the parties three options to resolve the remaining disputed terms: (1) the
JPMorgan's motion and gave

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Court would fill in the terms, (2) the parties would continue to negotiate the remaining terms, or (3) the

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terms would be stricken. (See Dkt. Nos. 56 and 58.) The parties opted to continue negotiating
The parties

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themselves; the Court gave the parties until December 16, 2015 to agree to terms and submit a stipulated

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dismissal. (Dkt. No. 56.)
(Dkt.
The parties have continued negotiating and have resolved two of the three open terms: the

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liquidated damages clause and the clause discussing JPMorgan’s response to inquiries from potential
JPMorgan's

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future employers of Khazal. The parties have narrowed, but have not yet resolved, their differences
The parties have narrowed,

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regarding the confidentiality clause. See Declaration of Jason M. Allen (“Allen Decl.”), ¶¶ 3-4 & Ex. A
Declaration of Jason M. Allen ("Allen Decl."), I 3-4

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(current draft of the long-form settlement agreement).

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JPMorgan seeks to ensure that the nature and terms of this action and the settlement remain

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confidential, to the extent possible. Id. ¶ 4. Khazal agrees to keep those terms confidential; however, if
Khazal agrees to keep those

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called as a witness in another plaintiff’s action against JPMorgan, Khazal wants to ensure that she can
plaintiffs action against JPMorgan, Khazal

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comply with her legal obligations as a witness without running afoul of the long-form settlement

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agreement. Id. ¶ 4.

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On that point, the parties agree in principle but have not come to agreement on the particular

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language for this clause. See id. Attempting to address this issue, JPMorgan has added to the

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confidentiality provision language stating that her obligation to keep the terms of this settlement and

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issues related to this lawsuit confidential is limited to the extent Khazal is “required to [provide such
"required

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The agreement also
information] by law.” Id. ¶ 5 & Ex. A § 5(g). The agreement also includes language stating that, (1) if
law."

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“required
party”
"required by law or requested by any third party" to provide information regarding her employment with

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JPMorgan, she must notify JPMorgan, and (2) long-form settlement agreement will not prevent Khazal

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from “assisting or testifying in an investigation by Congress or any regulatory agency, law enforcement
"assisting
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STIPULATED REQUEST AND [PROPOSED] ORDER FOR THE COURT TO FILL IN MISSING TERMS
IN LONG-FORM SETTLEMENT AGREEMENT - CASE NO. 4:13-CV-04076 PJH

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agency, or self-regulatory organization (“SRO”).” Id. ¶ 5 & Ex. A §§ 5(g) & 6(d), (e). Khazal has not
organization ("SRO")."
6(d), (e).

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suggested alternative language that she would consider satisfactory. Id. ¶ 6.

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Accordingly, the parties respectfully request the Court proceed as follows:

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(1)

Adopt each and every term in the long-form agreement as included in the draft

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agreement, attached as Exhibit A to the Allen Decl., except for the confidentiality provision which

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remains at issue; and,

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(2)

Revise the confidentiality provision in Exhibit B to clarify that Khazal will not face

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liability under the long-form agreement for providing testimony or information as required by law (for

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example, in response to a subpoena), so long as she complies with the notice provision and related terms

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of the long-form agreement.
(3)
(3)

Provide the final Agreement with instructions for execution of the same within fourteen

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(14) days of the Court’s order, and with instructions that Khazal will forego her right to the agreed upon
Court's order,

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settlement sum if she fails to execute the long-form agreement within fourteen (14) days as ordered by

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the Court.

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The parties further request that the Court dismiss this action with prejudice, with each party to
bear their own fees and costs.

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STIPULATED REQUEST AND [PROPOSED] ORDER FOR THE COURT TO FILL IN MISSING TERMS
IN LONG-FORM SETTLEMENT AGREEMENT - CASE NO. 4:13-CV-04076 PJH

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December
DATED: December 14, 2015

Respectfully submitted,

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SEYFARTH SHAW LLP

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By: /s/ Jason M. Allen
Laura Maechtlen
Emily E. Barker
Jason M. Allen

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Attorneys for Defendant
JPMORGAN CHASE BANK, N.A.

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DATED: December 14, 2015
December

LAW OFFICE OF ARKADY ITKIN

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By: /s/ Arkady Itkin
Arkady Itkin

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Attorney for Plaintiff
REBECCA KHAZAL

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STIPULATED REQUEST AND [PROPOSED] ORDER FOR THE COURT TO FILL IN MISSING TERMS
IN LONG-FORM SETTLEMENT AGREEMENT - CASE NO. 4:13-CV-04076 PJH

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ATTESTATION PURSUANT TO LOCAL RULE 5-1(i)(3)
5-1(0(3)
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I, Jason M. Allen, attest that concurrence in the filing of this stipulated request, has been
obtained from the signatory, Arkady Itkin, counsel for Plaintiff Rebecca Khazal.

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DATED: December 14, 2015

Respectfully submitted,

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SEYFARTH SHAW LLP
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By: /s/ Jason M. Allen
Laura Maechtlen
Emily E. Barker
Jason M. Allen
Attorneys for Defendant
JPMORGAN CHASE BANK, N.A.

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STIPULATED REQUEST AND [PROPOSED] ORDER FOR THE COURT TO FILL IN MISSING TERMS
IN LONG-FORM SETTLEMENT AGREEMENT - CASE NO. 4:13-CV-04076 PJH

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[PROPOSED] ORDER
Based on the Parties’ stipulation and good cause appearing, the Court completes the terms of the
Parties' stipulation and good cause
long-form settlement agreement and orders as follows:
(1) All terms of the long-form agreement submitted with the parties’ stipulated request are
parties'

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incorporated as included in that draft agreement.

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(2) The Court clarifies that Plaintiff Khazal will not face liability under the long-form agreement
court order, or subpoena
for providing testimony or information as required by law ,(for example, in response to a subpoena), so

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long as she complies with the notice provision and related terms of the long-form agreement.

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(3) The parties are hereby ordered to execute the long-form settlement agreement within fourteen

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(14) days of this order. Should Plaintiff fail to execute that agreement within fourteen days, Defendant
Should Plaintiff fail to execute that agreement

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will not be required to tender payment under the settlement agreement.
The Court further orders this action dismissed in its entirety, with prejudice, and with no award

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hyllis J.

n
Hamilto

LI

H

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Judge P

The Honorable Phyllis J. Hamilton
E R District Judge
C
United States N
F
RT

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12/16/15
DATED: _______________

NO

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ERED

O ORD
IT IS S

R NIA

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ISTRIC
ES D
TC
AT
T

FO

IT IS SO ORDERED.

UNIT
ED

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S

of counsel fees or costs to either side.

RT
U
O

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A

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D IS T IC T O
R

The settlement agreement shall be modified as indicated above. Upon modification of the execution
of the amended settlement agreement, by December 30, 2015, the case will be dismissed with prejudice.

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STIPULATED REQUEST AND [PROPOSED] ORDER FOR THE COURT TO FILL IN MISSING TERMS
IN LONG-FORM SETTLEMENT AGREEMENT - CASE NO. 4:13-CV-04076 PJH
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