The opinion of the court was delivered by: Elizabeth D. Laporte, United States Magistrate Judge
STIPULATION AND [PROPOSED] ORDER REGARDING SETTLEMENT AND GENERAL RELEASE
This Stipulation Regarding Settlement and General Release ("Agreement"), is entered into by and between Beverly Chan ("Plaintiff") and Eric Shinseki, Secretary of the Department of Veterans Affairs and the Department of Veterans Affairs (collectively "Defendant").
Plaintiff and Defendant are collectively referred to as the "Parties."
WHEREAS Plaintiff has filed an action in the United States District Court, Northern District of California, Docket No. C 09-01007 EDL entitled, Beverly Chan v. Eric K. Shenseki, Secretary, Department of Veterans Affairs ("Lawsuit");
WHEREAS the Lawsuit followed Plaintiff filing related administrative claims, including the claims asserted in Merit Systems Protection Board ("MSPB") Case No. SF-0752- 0800162-I-1 and the appeals that followed (collectively "Administrative Claims") (the Lawsuit and Administrative Claims shall collectively be referred to as the "Actions"); and
WHEREAS Plaintiff and Defendant wish to avoid any further litigation and controversy and to settle and compromise fully any and all claims and issues Plaintiff has raised, or either party could have raised, arising out of Plaintiff's employment with Defendant, which have transpired prior to the execution of this Agreement;
NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, and other good and valuable consideration, receipt of which is hereby acknowledged, the Parties agree as follows:
1. In full and final settlement of all claims in connection with the above-captioned action, Defendant shall pay Plaintiff a total sum of Seven thousand ($7,000) dollars ("Settlement Amount"). There shall be no withholding from this amount. Defendant also agrees to pay the mediator's fees in connection with the mediation conducted on October 15, 2009. Plaintiff understands that the Settlement Amount payment will be reported to the Internal Revenue Service ("IRS"), and that any questions as to the tax liability, if any, as a result of this payment is a matter solely between Plaintiff and the IRS. The Defendant will complete an electronic funds transfer of the sum of Seven Thousand dollars and no cents ($7,000) to the client trust account for Felipe Parker, Esq. Plaintiff's counsel agrees to provide the Bank Account and Routing numbers for his client trust account to Defendant. Plaintiff and his attorney have been informed that payment of the Settlement Amount may take sixty (60) days or more to process.
2. In consideration of the payment of the Settlement Amount and the other terms set forth in this Stipulation and Agreement, Plaintiff hereby releases and forever discharges Defendant and any and all of their past and present officials, agents, employees, attorneys, insurers, their successors and assigns, from any and all obligations, damages, liabilities, actions, causes of actions, claims and demands, at law or in equity, asserted in the Actions or otherwise arising from or related to her employment with Defendant, including claims arising under the Age Discrimination in Employment Act, 29 U.S.C. § 633a.
3. The parties agree that the Settlement Amount is in full satisfaction of all claims for attorneys' fees and costs arising from work performed by Plaintiff's attorneys at all stages of litigation, including, but not limited to, the processing of Plaintiff's administrative and district court complaints in connection with the above-captioned action, and any other MSPB or EEO administrative proceedings. Each side shall bear its own costs and fees.
4. In consideration of the payment of the Settlement Amount and the other terms of this Stipulation and Agreement, Plaintiff agrees that she will within seven days of this agreement, execute a Stipulation of Dismissal, which stipulation shall dismiss, with prejudice, all claims asserted in this Action or any claims that could have been asserted in this Action. The fully executed Stipulation of Dismissal will be held by counsel for Plaintiff and will be filed with the Court upon receipt by Plaintiff's counsel of the Settlement Amount.
5. This Agreement may be pleaded as a full and complete defense to any subsequent action or other proceeding involving any person or party which arises out of the claims released and discharged by the Agreement.
6. This is a compromise settlement of a disputed claim and demand, which settlement does not constitute an admission of liability or fault on the part of the Defendant, the Department of Veterans Affairs, or any of their past and present officials, agents, employees, attorneys, or insurers on account of the events described in Plaintiff's complaints in these Actions.
7. If any withholding or income tax liability is imposed upon Plaintiff or Plaintiff's counsel based on payment of the settlement sum received herein, Plaintiff or Plaintiff's counsel shall be solely responsible for paying any ...