La Tiendita et al v. USDA

Filing 25

STIPULATION AND ORDER re 24 STIPULATION FOR COMPROMISE SETTLEMENT AND RELEASE. Within seven (7) days from the date of this order, the parties may each file a letter not exceeding THREE (3) pages re: payment due date. Signed by Magistrate Judge Howard R. Lloyd on 5/28/2014. (hrllc1, COURT STAFF) (Filed on 5/28/2014)

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*E-Filed: May 28, 2014* 2 3 MELINDA HAAG (C BN 13 612) United States Attorney ALEX G. TSE (CA 8~ 152348 Chief, Civil Division JAMES A. SCHARF(. ABN 15 171) Assistant United Stat~s ttorn 4 5 6 7 150 Almaden Blv<]l. Suite San Jose, Califomi:a 95113 ' Telephone: (408) 1$ 5-504 ' Facsimile: (408) :S 5-508 Email: james.scha~fi usdoj gcv • 'Attorneys for I Defend~n 8 ., ... ·... ~ I USD I I II 9 UNITED STATES DISTRIC, CO. RT ORTHERN DISTRICT OF C,f\LfF RJ)IIA SAN JOSE DIVISION I 10 II . 12 13 1.4 16 17 .•, ~ LA TIENDITA and THfNH T HUYNH, Plaintiffs, I UNITED STATES AGRICULTURE, ) J DEP~RTM ) NT OF Defendant. ) ) ) ) ) ) 18 ~; (collectively, "Plaintifl'') and D fendant llr STIPULA:t'I~N FOR COMPROMISE SETTLEI\JE ·T f\ND RELEASE; [PROPOSED ORDER I I 1 1 ! Uni~ States DepartuL dr ~griculture ("Defendann, by and 22 · WHEREAS, Plaintiff and D fendant wish to avoid any furt editigation and controversy an.d to 23 I settle and compromise fu!lly any nd all claims and issues that h v~ beel n raised, or could have been 25 26 27 . I through their respective :Jttorney , as follows: 24 . · it· is hereby stipulated by an between the undersigned Plai tiffs L.a Tiendita and Thanh T. Huynh 21 . . 5: 14-cy-0 I 693 HRL I I ··.~ ·~ Case No. ' ' •'' 15 I I I raised_ in this adi~n, which have ranspired prior to the executio ofthiis agreement; .y - WHEREAS~ the parties inten ' this to be a full, final and co plete settlement that resolves all claims and potential claims that Plaintif may have arising out of or rei ting to the subject of Plaintiff's 28 Coni plaint &nd Metion til' TRO rt nd Preliminary Injunction, inc udlng all clajms for discrimination. STIPULATION FOR COMP OMISE ETTLEMENT AND RELEASE; [P OPOSED] ORDER LA TIENDITA Y. USDA, CA E NO. :14-CV-01693 HRL I ~ . n . / :~ If;· • i .. ! I I NOW, THEREFO~E, inc nsideration pro is s c~mtained in this settlement 2 agreement, and other g 'od and valuable consideration, receip ofwhich is hereby anticipated, the parties 3 agree as follows: 4 I. Agreement to C mprom se Claims. The parties do her by agree to settle and compromise each 1 5 6 I and every claim of any ind, w ether known or unknown, aris ng directly or indirectly from the acts or 7 omissions that gave rise to the hove-captioned action and mo io for TRO and preliminary injunction 8 under the tenns and co 9 1 itions et forth in this settlement agr m nt, 2. Definition of"D fendan ." As used in this agreement, e endant shall include the United States ' ' 10 of America and its curr nt and ormer agencies, agents, servan s, mployees, and attorneys. 11 I 3. Settlement Term . (I) I lieu of the six-month suspen ·on that is the subject of this action, , 12 I I Plaintiff will pay Def~n ·ant a c,vil monetary penalty ("payme t" in he amount of eight thousand, t[ 13 14 I seven hundred forty-tw dollar ($8, 742.00). Unless otherwis di ecfed, the check shall be made out to 15 the USDA and sent to A SA S harf at his office address, 150 I aJen Boulevard, Suite 900, San Jose, J6 CA 95 I I 3. t2) As the I arties ave not been able to agree on mot+ly acceptable due date, the pa,ties. I7 have agreed to allow thel Court 18 decide whether the payment s d ue 1 ~20 days, I50 days, or I 80 days from the date the Court' so ord rs" this agreement. (3) If Plai tifff faii Is to make timely payment(s), ~ 19 Defendant may re-iinpo e the si -month disqualification subje t to' th terms of this paragraph, and 20 Plaintiffwill serve the r I ainin 159 days ofthe disqualiticati n ~rird. (4) Howev~r, Defendant will 21 mp~erl!enting such suspension. During 1 22 notify counsel for Pia inti f of th defau It ten (I 0) days before I r~is~l show that the_payment(s) have 23 this time, Plaintiff will b permi ed to cure the default or toot 24 been made. (5) Defend nt will lso issue Plaintiff a warning I ttetire, arding the acceptance of SNAP . 25 26 I benefits in exchange for neligib e merchandise on four separat oo~a~~ons between May 7, 2013, and 27 28 I' 1 September 24, 2013. Th letter ay state that Defendant has th . right:to consider that warning letter in h . I . : I d t .. . e ermmmg t e appropn te pen ty many future case concerni .~a. furure violation. These terms ' STIPULAtiON FOR COMP OMISE ETTLEMENT AND RELEASE; [ LA TJENDITA V. USDA, C SE NO. :14-CV-01693 HRL 2 I I OIWSED] ORDER :~ •••• 1 constitute full settleme ,t and +isfaction of any and all claim,, demands, rights, and causes of action of 2 whatsoever kind and na ure, a) ing from, and by reason of any and : and unforeseen persona, injuri , damage to property and the result, from the subject 5 atter fthis action, for which Plainti 111 known and unknown, foreseen onjq~ences thereof, resulting, and to :~ ~~ .. o~ h~r guardians, heirs, executors, "h i [, . administrators, or assig s, and ac h o f them, or t · e Defien dant may reow have or may herea fiter acqwre 6 7 8 9 against each other. 4. Mutual Release. IPlainti f and her guardians, heirs, exeJutors, iadministrators or assigns, and , I I Defendant, hereby agr~ to ace pt the Settlement Terms in ful se~le I ent and satisfaction of any a~d all I I0 II 12 claim·s, demands, rights d 15 16 19 w ', ainst each other on account of the I same subject matter tha gave ri e to the above-captioned actio , , ~~cl ding any future claim or lawsuit of any kind or type whatsp ver, w ether known or unknown, and wh~t r for compensatory or exemplary damages. This paragra h, how ver, does not prejudice Defenjantjs ght to issue a warning letter and Terms. rrd~n same, pursuant to the Settlement ,I , 5. Dismissal of Acti n. In onsideration of the tenns of this Jul ment agreement, Pia in tiffs" I rovide to Defendant's 21 22 injuries, damage to property and the consequences there fwhic they may have or hereafter ac 'uir~ 17 re-impose the suspensio , and t ke other appropriate action re 18 nature, arising from, and by reason of any and all known an unkn wn, foreseen and unforeseen 13 i4 ~n attorne~ :a $ti lation of Oisn1issal. The I Stipulation of Dismissal shall di miss, with prejudice. This di~issa is intended to include all claims I 23 asserted in this action, o that c 24 fully executed Stipulatio of Di missal will be filed within seven ( _) alendar days of receipt by 25 Defendant's attorney of he abo e-stated payment. This Court, the H n. Howard Lloyd, will retain 26 27 28 ld have been asserted related tot e ubject matter of this action. The ining to the litigation until the1di~ i sal with pr~judice is finally jurisdiction. over all matt rs pe I entered. - I I STIPUL_!.\TION FOR COMP OMISg SETTLEMENT AND RELEASE; [J)RO 0 ED] ORDER LA TIENDITA V. USDA, C SE NO. :5:14-CV-01693 HRL ' 3 I I I ·:~ . I I ·I 1 6. No Admission<> Liabil y. This stipulation for comprqmise 'ettlement is not, is in I 2 df li~bi intended to be, and shp ld not e construed as, an admission 3 or Defendant, and it 4 i~l into by all parties for ~h ' 'I purpo' e of compromising disputed offurther litigation. th s para raph, however, does not 7 letter and re-impose 8 t~~ suspen Settlement Terms. 10 II 7. Parties Bear 13 14 15 : 1 I ion, and take other appropriatil ac~io regarding same, pursuant to th~ I ' T~~ r Own osts. It is also agreed, by and parties will each bear I~ ir own costs, fees, and expenses. l~m ' n the parties, that the respective 1:. I 8. Authority. Th ersons igning this agreement warrant n r resent that they possess full 1 authority to bind the p I ons or entities on whose behalf they 10. mia C vii Code Section 1542. The p I 542 are set forth bel ' 16 "A general rei 17 to exist in his 18 d avoiding the expenses and risks preju1~ce D tendant's right to issue a warning i 12 ity or fault on the part of Plaintiffs I I c~~i~s , 9 . n~ way pecific lly denied that they are liable tp eJchlother. This settlement is .entered 5 6 I ot extend to claims which the r it' r does not know or suspect er fav r at the time of executing the affected his or her settlement Plaintiff and Defend a aving een apprised of the statutory I of Civil Code Section 1542 by their attorneys, and ful 19 her must have unders anding the same, nevertheless o waive the benefits of any and all rights they may have suantt the provision ofthat statute a 20 21 22 23 The parties understand t at, ift e facts concerning the' 24 damages pertaining th 25 26 debtor." ·:~1 • y similar provision of federal law. and the liabilit~ of the parties for und hereinafter to be other th believed by them to be ' ue, the greement shall be and rernain ffi ct e notwithstanding ·such material d ifferen·ce. 27 28 :I STIPULATION FOR CO ~OMIS SETTLEMENT AND RELEASE; [ RO 0 ED] ORDER LA TIENDITA V. USDA, 'ASE NO. 5:14-CV-01693 HRL 4 ,. -~ . .I • I' II. Construction. :Itach pa y hereby stipulates that it has 2 3 r presented by and has relied upon counsel in the negotia l<;>ns for he preparation of this agreeme t, ' I I agreement fully expla ed to it y such counsel, and is fully a a 4 the agreement and th l¢gal co sequences thereof. For purpo nstruction, this agreement shall be 5 6 7 deemed to have been irafted b all parties to this agreement a d ,I a I not, therefore, be construed against .any party fort Jt reaso in any subsequent dispute. P i if and her counsel expressly represent. ·8 that a competent inte 9 Plaintiff. 10 11 12. Severability. f,fany pr vision ofthis agreement shall validity, legality, and Worcea ility of the remaining provisio II 12 impaired.thereby. , I 13 14 IS :I 13. Integration. expressly understood I I 'is instr ent shall constitute the entire p~ agree that the agreement has been II e ' ent between the parties, and it is I d voluntarily entered into b;y the II 16 parties hereto with the t:lvice o counsel, who have explained 1 17 1'8 19 . ·;~s. . ' I parties further ackno s av been made on any subject other I than as set forth in thi This agreement may not b I I re , modified or othenvise changed I in any respe_ct except lwritin o their authorized representatives. 20 21 DATED: May~_· , • 20 22 23 DATED: May 20, 201 Thomas Spieloauer Attorneys for Plaintiffs 24 25 MELINDA HAAG United ~tes;Attorney 26 I 27 DATED: May) 1, 201 28 STIPULATION FOR CO 'LA T.IENbiTA V. USDA, I ~OMJS ;;·./,/ ,\ /. JKM~/A.: SCHARF Assistant United States A o Attorneys for Defendant SETTLEMENT AND RELEASE; [ ASE NO. 5:14-CV-01693 HRL Til- 5 II I 2 II Pursuant to stipul ibn, IT I SO ORDERED. I ;I 3 Further, the TRO 4 vacated. Pursuant to his case, as well as all case de 1 li e and hearing dates, are hereby 1 3 ofthis Stipulation and Orde th n 7 days from the date entry of this THREE (3) 5 Order, the parties rna ~a~h fil a short lett~r not exceeding^5 ~he 6 positions as to wheth 7 this Order. The Cou }'II the choose one of those dates wit 8 days of the payment b 9 -~ tting.forth their respective time this case will be lfsed. pay ent due date should be 120 d days, or· 180 days from the date of her hearing. Within 7 calendar Ia inti s to Defendant1 the parties wil fi .a ismissal with preJudice at which 10 11 DATED: May 28, 2014 HON. HOWARD R. LL Y United States District C rt 12 istrate Judge I I , I 13 I -~ 14 ~~. ; 15 16 17 18 19 20 21 22 23 . 24 25 26 27 28 STIPULATION FOR CO~ ROMISE SETTLEMENT AND RELEASE; [ LA TIENDITA Y. USDA, ASE NO. :14-CV-01693 HRL 6 1 0 ED] ORDER ~~

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