TI~OMAS E,P~REZ,SECRETARY ~F
LABQR,U.S.DEPA~tTMENT OF LABOR,
Case l'+10. base No.5:12-cv01~t7~-TC
Plaintiff, FLSA,
Ul'~[ITE)STA''E~ OF ~TVIERTCA
Defendant,FT~A
v:
PAl'~ AME.RICA~ BERRY'G 20WE1~S,LLC
Defendants,FLSA
Fantifs/~ounterelaim,FT~A.
ST.~PUI.ATI£~~I FOR C(3tVIPROMISE SETTLEMEN'i'AND
MUTUAL RELEASE OF ~I.,AIMS
This is a Settlement Agreement and Mufival Release of Maims (Agreement} under the
Federal Tart Claims .Aet ~~TCA), 2$ U.S.C.. 2 77 and the Fair Labor Stani~ard~ Act(ELBA)29
U.S.G 2p] et seq tay and between the United Sfates Department of'Lab~r {hereinat~er DOL)and
the united States cif America (tflgether with DOL hereinafter United States}, anci .Pats !l erican
Berry Gro~~:ers, LLC (hereinafter Pan American). Ire consideration of the promises, agreements,
and.releases contained in this Agreement, tl~e Parties agree as fa(laws:
1. The Parties (DOL,the United States and Pan American} do herby agree t~ settCe ar~d
comprd~ni~e eac}~ and e~rery claim of and kind, that was brought ar could }gave been brought by
Pan-American against tl~e DflL and the United States only° in relatzon to any actions undertaken
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b}r DQL ar by DOL against Pan-American on ar before the date of fh s Settlement A~reennent,
Gvhether I~novsrn or unknown, arising directly or indirecti}~ frorr~ the acts or omissions that gave
rise to the above-captioned action lu~der the terms and co~~ditians set forth: in this Szttlement
Agreerrzent.
2, The United States agrees to pay tt~e totat sum cif $64,38629 to Pan American. the
total sum includes $3f3,386.29, which is the unreimbursed balance cif Consent Judo end monies,
plus $30,00{3.Q0 #a resolve alb clainr~s a~ai~~st the United Mates and I?OL. The $b0,38b.29 shall
be in ~'u11 settlertnent anc3 satisfaction ~P any and alI elairxts, cn~:rnterciainrms, demands, rights, and
causes ~f action of whatsoever kind and nature, arising from, and bye reason of an}> and all kn~u~n
and un[cnn~vn, foreseen and unforeseen bodil}~ and persc~~~al injuries, damage to property and the
cc~nsegctences thereof, resulting, and to restalt, from the subject .matter of this settlement,
including any claims fc~r i~frc~nb~ul death, fir which Pa~7 American or their guardians, heirs,
executors, at(~~inistrators, or assigns, and e~cli of them, n~tiv have or may hereaf~~r acquire
against the United States its agents, sez-~rants: aid empl~ifees,
3. In resolution of I)OL's pending F.LSA claims against Fan American, none t~f the
Pacti~s {DOL~, the CJni~ed Stakes and Pan American) gill seek to recoup znc~ney already
distributed to Pan American's e pIo~tirees during the pendency cif t}~e nc~~~-vacated consent
judgment ~~34,386.29 to Pan t~n~erican's employees}. r'1s part of this settlement, DOL will
voluntarily dismiss D(}L's claims in tl~e t)nit~d States Da'strict Court. Cass No. 6:12-cv-01~74TC,x~ith prejudice and will discarttinue any c~~nently pending in~3esti~afiions t~f Pan American.
~_ Pan American and their gc~ard.ians, heirs, executors,. ad in strata:rs or assigns hereby
agree to accept; tie sums set fartlz in this Stipulaiinn of Co;npromise Settlement in full settlement,
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DCAPDY_I6Q9$tb_v!
satisfaction,. anti release Uf any and ail claims, demands, rights,, and causes of action of
whatsoever kind and nature, including claims for wrongful death, arising from, artd by reason of
and and all knt~w~n .and unknown, foreseen anti unforeseen bodily and personal injuries, damage
to property :and the consequences thereof which they ma r lave or ~tereafter acquire against the
United States, zts agents, servants and emptayees on account oftie sarr~e sut~ject matter that gave
rise tc~ tEae abo~<e-captioned action, including any future ciai7n or Iaws~►it of any kind or type
w•ha~soever, ~~hetl~er know:°n or unknown, and whether for compensatory or exemplary datna~es.
Pan American and their guardians, heirs, eYecutars, administrators or assigns further agree. tc~
reimburse, inde►nnify and bold harmless the Can ted States.. its agents, servants, and employees
from and against any and. all such causes of aci on, claims, liens,. rights, or subrogated or
contribution interests incident to or resulting from. further ]ti~ation or the pro~ecutic~n cif' claims
b}I Defen~a~~fs or their guardians, heirs, executors, administrators ar assigns against any third
party ter against the United Slates, including claims for ~~ron~ful death.
a. This stipulation for compromise settlement is not, is in nc~ wa}= intended to be, and
sl~ouId r►at be construed a~, an ad~ni~sian of Iia6i.[ity tir faun on the part of the Parties car the
Parties' agents, servants, Qr employees. Liability' of the I~arties ~ specifically denied. This
settlement is entered.i~~ta b}r all Parties fnr the purpose of colnpromzsing each and.every claim as
that intention is explained in Para~ra~h 1; and avoiding the expenses and risks of further
litigation.
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6. It is also agreed, by and among tlae Parties.,. that the respective Partzes will each bear thezr own
costs,fees, and expenses. Any attorney's fees owed by Pan Am~ric~n remain the responsibility
ofPan American and may be paid ai~t of the settlement amc~~:~nt. Attorney fees will nit die paid. iiz
addition by either the United States, or any employee ofthe United Mates.
7. It is also understood by and among the Parties that pursuant to Title 2~, United Stites
+Code, Section 2678, attorney's fees for services in connection ~Tith the F7'~A shall not. exceed 25
per centum of the amount of the compromise settlement. It is understood by and among the
Parties thai: 'an:American's attorney's fees. for services that ~nav have been rendered an
connection with ~Jac~ting the consent judgment, defending tk~e
I.S~ clairr~s, seekinb
reimbursement Qf mflnies paid under the consentjudgment outside ~fthe FTC ,and/or pursuing
other tt~edries of r~cover}r got subject to the FTCA are not bound b}j Title `~8, C7nited States
~Od~. ~~4~IC?11 7~~~.
8.
`I'he persons signing this Settlement rlgceetnent ~varrat~t and represent that they
possess fait authority to bind the persons an c~vhose be~►alf they are sianin~ to tl~e terms o~ the
settlement. In the event any Party is a minor ar a IEgally incompetent adult, the defendant must
obtain Gout ap ra~~al of the- settlement at their expense. The Party agrees to obtain such.
appro~~at in a timely manner; time I~eing of tl~e essence.. The Party further agrees that the United
States ma}T void this sett~emer~t at its option in the event such approval is not obtained in a timely
matzner. in the event the Party fails to obtain such Court appra~~al, the entire Stipulation For
~on3prannise ~ettle~ent and Release and the corr~promise settlement are nu1.1 and void.
9.
Pa~rment of the settlement amount ~.~ri1t be ~ad~ by government wire transfer as
per sepa~•atel}~ provided financial account information, ~~hieh shall. amain ~onfid~ntial as it
comprises i formation ~c-ith regard to a private party's bank acco~~nt.
nc!~r~x ~~osaib ~~
I0.
TI~e Parties agree to obtain a disrnissaI of the aborje-captioned action c~~ith
prejudice, and alI counterclaims with prejudice, with each party bearing its o~~yn fees, costs, and
expenses.
1}.
Except as pro~tided above in paragraph ~, #lie Parties agree that. this Stip~:~Iatian
for Compromise Settlement and Release, including. a1I the terms and conditior►s of this.
cozypromise settlement and, an~~ additional agreements relating thereto, may be made public in
their entirety, and the Defenda~~t expressly consents tea si.~ch release and disclosu~•e pursuant to 5
U.S.C. ~S2a{b).
12.
The Parties agree that na press release shall be ss~~ed by any Party regardinb tl~e
terms of ihis Agreement, This does not preclude any Parry from answering q~.~estians frt~m
media, ~QVern ent officials or others ~~~ho may inquire about the case. Each Party shall .make
every effort to made it clear that there is ago admission Qf liar lii~ by an}; P~rt~~ as part of-this
A~reeznent.
1~.
It is eant~mp3at~d that, this Stip~la~ior~ tnay tie. e~eeuted in several ~c7unterpar~s,
with a separate signature page for each party. Alt such counterparts and signature pales,
together, shall tie deemed.to be one dc~curr~ent.
executed this
day of
,2t31~.
SEAN E. MARTIN
Attorney for Defendant,
United States of:America
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IJCaPDX 1609Sii/> vt
Executed this
;2015.
day of
JEREMIAH MII.:LER
Attorney far Plaintiff,,
United Stags.Departmen# ofI,ahor
Execuied this
~~'
~ ~ clay of
~
,201 ~.
! ~;
TIMOTHY BERNASEK
'
.t~ttc~rney~ fc~r Defendant,
Pan-American ~3erry Growers,.LLC
Executed this ~~ ~~` ~Eay of ~
,COI 5,
PAN AIVIE~TeAN BE~2R"Y ~~2t)WEI2S,LLC
5-t~ en ~v+ ~r t~~c ~U
Name:
Title: ~~'-~~~a~~~~" ~ ~
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DCt1FD`C_i604816 vl
I 0.
The Parties agree to obtain a dismissal of the above-captioned action with
prejudice, and all counterclaims with prejudice, with each party bearing its own fees, costs, and
expenses.
II.
Except as provided above in paragraph 9, the Parties agree that this Stipulation
for Compromise Settlement and Release, including all the terms and conditions of this
compromise settlement and any additional agreements relating thereto, may be made public in
their entirety, and the Defendant expressly consents to such release and disclosure pursuant to 5
U.S.C. 552a(b).
12.
The Parties agree that no press release shall be issued by any Party regarding the
terms of this Agreement. This does not preclude any Party from answering questions from
media, government officials or others who may inquire about the case. Each Party shall make
every effort to make it clear that there is no admission of liability by any Party as part of this
Agreement.
13.
It is contemplated that this Stipulation may be executed in several counterparts,
with a separate signature page for each party.
together, shall be deemed to be one document.
l (~}(
IW\~
Executed this _ _ day of
r.
JC{V"\ltutY'Lf
,GO IS.
Lw~
SEAN E. MARTIN
Attorney for Defendant,
United States of America
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DCAPDX_I609816 vi
All such counterparts and signature pages,