United States District Court, N.D. California, San Francisco Division
November 17, 2005.
FRANK ZEIDEN, Plaintiff,
UNITED STATES DEPARTMENT OF AGRICULTURE, Defendant.
The opinion of the court was delivered by: WILLIAM ALSUP, District Judge
STIPULATION AND [PROPOSED] ORDER APPROVING COMPROMISE
IT IS HEREBY STIPULATED by and between Plaintiff Frank Zeiden
("Plaintiff"), and Defendant United States Department of
Agriculture, as follows:
1. The parties hereby agree to settle and compromise the
above-entitled action under the terms and conditions set forth
herein, which shall be in full settlement and satisfaction of any
and all claims, demands, rights, and causes of action of
whatsoever kind and nature, arising from and by reason of any and
all known and unknown, foreseen and unforeseen, bodily and
personal injuries and the consequences thereof, resulting, and to
result, from the same subject matter that gave rise to the
above-captioned lawsuit, for which Plaintiff Frank Zeiden or his
heirs, executors, administrators, or assigns, and each of them,
now have or may hereafter acquire against the United States of America, its agencies, agents, servants, and
2. Plaintiff will dismiss this action with prejudice.
3. Both parties agree to bear their own costs and fees.
4. The disqualification of plaintiff's business from the Food
Stamp Program remains in place and is not affected by this
5. Defendant agrees not to make an affirmative report to
another agency of plaintiff's disqualification from the Food
Stamp Program, unless required by law including but not limited
to the Freedom of Information Act or in the event of an
unanticipated need to defend. Defendant will notify plaintiff a
reasonable amount of time before such disclosure.
6. Regarding the affirmative reports described in the preceding
paragraph, the parties negotiated the terms of this agreement on
October 19, 2005. As of that date, Defendant believed that no
affirmative reports of Mr. Zeiden's disqualification, that would
fall within this agreement have been made to date.
7. If plaintiff sells or otherwise changes legal title of the
business, defendant agrees that any resulting civil penalty shall
be reduced to 2/3 of its applicable level.
8. Mr. Zeiden acknowledges that the USDA gathered information
which suggests that activity in his business did not comply with
applicable regulations. However, Mr. Zeiden acknowledges no
9. The parties agree that should any dispute arise with respect
to the implementation of the terms of this Agreement, Plaintiff
shall not seek to rescind the Agreement and pursue its original
causes of action. Plaintiff's sole remedy in such a dispute is an
action to enforce the Agreement in district court. The parties
agree that the district court will retain jurisdiction over this
matter for the purposes of resolving any dispute alleging a
breach of this Agreement.
10. Plaintiff hereby releases and forever discharges the United
States and any and all of its past and present officials,
employees, agencies, agents, attorneys, their successors and
assigns, from any and all obligations, damages, liabilities,
actions, causes of action, claims and demands of any kind and
nature whatsoever, whether suspected or unsuspected, at law or in
equity, known or unknown, arising out of the allegations set
forth in the pleadings in this action. 11. The provisions of California Civil Code Section 1542 are
set forth below:
"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 him must have materially affected his
settlement with the debtor."
Plaintiff, having been apprised of the statutory language of
Civil Code Section 1542 by his attorneys, and fully understanding
the same, nevertheless elects to waive the benefits of any and
all rights it may have pursuant to the provision of that statute
and any similar provision of federal law. Plaintiff understands
that, if the facts concerning Plaintiff's injuries and the
liability of the government for damages pertaining thereto are
found hereinafter to be other than or different from the facts
now believed by them to be true, the Agreement shall be and
remain effective notwithstanding such material difference.
12. This instrument shall constitute the entire Agreement
between the parties, and it is expressly understood and agreed
that the Agreement has been freely and voluntarily entered into
by the parties with the advice of counsel, who have explained the
legal effect of this Agreement. The parties further acknowledge
that no warranties or representations have been made on any
subject other than as set forth in this Agreement. This Agreement
may not be altered, modified or otherwise changed in any respect except by
writing, duly executed by all of the parties or their authorized
APPROVED AND SO ORDERED.
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