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Case 1:13-cv-00394-RDM Document 64 Filed 11/24/15 Page 1 of 11






1l Action No.13


JEH JOHNSON, Secretary,

U.S. Department of
Homeland Sccurity


The parties, by and through the undersigned counsel, hereby agree and stipulate that the


civil action shall

be settled and dismissed on the following terms:

Settlemcnt Payment and Other Relief, Det'endant shall pay plaintiff the total sum

hundred and

fifty thousand dollars ($550,000.00) in full settlernent of plaintifPs claims in

this case and to compensate plaintifffor injuries that he alleges he suffered. The total sum of
$550,000 shall be paid to plaintiff, consistent with the normal processing procedures followed by
the Depa(ment.of Justice, the Department of the Treasury and/or the Department of Homeland

Security, following filing of this Stipulation with the Court. The payment shall be made by
electronic funds transfer to Plaintiffs attomey's banl< account. Plaintiff and his attomey agree to
provide the necessary information to eff'ect the transfer of fr.rnds to the bank account. fhese
payments represent all attomey's fees, costs, damages, and othor litigation expenses in this case,
and defendant shall have no further
case or for any other

liability for those fees, costs, damages, and expenses in this

liability subject to the release herein.

Case 1:13-cv-00394-RDM Document 64 Filed 11/24/15 Page 2 of 11

In addition to the payment above, the Department of Homeland Security (,,the Agency',)
agrees to take the


following action with respect to Plaintiff:

The Agency will remove the handwritten comment from the 2010-201I
Performance Appraisal from Plaintiff s administrative filo;


The Agenoy


designate a person or position within its Offrce of Human

Resources Management to respond to inquiries about Plaintiff from

prospective employers by stating onlyjob title, dates of service, and salary.

This designation will be for two (2) years following the date of this
Stipulation; and


The Agency

will place Plaintiffon paid leave from the date of execution of

this Stipulation until the date the lump sum is detivered to Plaintiffs
attornoy, If plaintiff exercises any right to rescind this Stipulation after he
executes it, he

Plaintiff agrees




be required to repay this leave to the Agency.


Concunent with the execution of this Stipulation, Plaintiff shall execute a

global release ofall pending and possible claims, including a claim for
attomey fees, and Plaintiff shall dismiss this lawzuit ard any other complaints,
in any forum or venue;


Concurrent with the execution of this Stipulation, Plaintiil'shall dismiss witl-r

prejudioe all grievances, oppeals, or EEO complaints, including but not

limited to Agency Nos, HS-CBP-2301-2015; HS-CBP-24210-2015;

Case 1:13-cv-00394-RDM Document 64 Filed 11/24/15 Page 3 of 11


Resign from the Agency effective the date the lump sum
amount is delivered
to his attomey's account. The executed Stipulation serves

plaintiffs letter

of resignation;


Plaintiffshall remain out ofthe office and on paid leave from the
date of
execution ofthis Stipulation wrtil the date the lump sum is delivered to

Plaintiffs attorney, except that Plaintiffwill be permitted to remove his

personal items from his office and from his government computer,


shall leave behind all govemment property, including government information

and government property provided to him as a reasonable accommodation

while working at the Agency;


Plaintiffshall direct pr.ospective employers to the Agency's designated contact

person for information regarding his job tit.le, dates ofservice, and salary. In
the event Mr.

kiterman provides prospective employers with references other

than the agreed contact person, the Agency is not responsible for information
or disclosures provided by such individuals; and


Plaintiffshall never to apply for or accept employment at the Department o[

Homelard Security (DFIS) or any of its components, except that, if a current
DHS component is sprm off into a separate federal agency or becomes an
independent agency, Mr. Leiterman


be free to apply to work for that

former DHS component. This exception does not apply to DHS component
U.S, Customs and Border Protection. Further, for a period of two years,


Mr, Leiterman is employed by an agency or agency component that becomes

a part

of DFIS, Plaintiffhe will voluntarily leave his position, either by


Case 1:13-cv-00394-RDM Document 64 Filed 11/24/15 Page 4 of 11

transfer or resignation. Plaintiff waives all appeal rights concerning this

employment restriction,

Plaintiff acknowledges that the waiver of his rights and claims hereunder is knowing
voluntary. Plaintiffshall have twenty-one (21) days, commencing on october 19,2015 to
consider the terms

ofthis Stipulation. If plaintiff

chooses to sign this Stipulation before


day consideration period has elapsed, plaintiffacknowledges that his decision to accepl
such a

shortening ofthe period is knowing and voluntary, ard has not been induced by any threat,
promise, or other representation attributable to defendant or defendant's employees or agents,

including without limitation any threat to withdraw or alter any of the terms hereof prior to the
expiration ofthe 2l-day consideration period, Plaintiffmay revoke his agreement to this
Stipulation during the seven (7) calendar day period fotlowing his execution hereof; and this
Stipulation becomes effective and enforceable upon the passage ofthat seven-day period,

Plaintifls agreement to this Stipulation

has not been


timely revoked. Such revocation must be in

writing and delivered to defendant's oounsel on or before the seventh calendar day after the date
on which plaintiffsigns this Stipulation,

Plaintiffis advised to consult with

an attomey prior to

signing this Stipulation and has done so. By the signatures below, plaintiff s counsel represents
that: (i) he has served as plaintifls attomey with respect to this matter; (ii) he has examined this
Stipulation and has discussed its terms with plaintiff; and (iii) he believes that the requirements

forth in 29 u.s.c. $ 626(f)(lXA) - (G) have been fully satisfied in connection with this

settlement agreement.

Case 1:13-cv-00394-RDM Document 64 Filed 11/24/15 Page 5 of 11


Dismissal with prejudice. unress praintifftimely exercises his right

to rescind

this Stipulation


provided in paragraph 2 hereof, any party may file the

fully executed

stipulation with the court at any time after the expiration ofseven (7) carendar
days after the
date on which the Stipulation was signed by Plaintiff, and such

filing shall constitute a dismissal

ofthe above-oaptioned civil action with prejudice pursuant to Fed. R. civ. p.

41 (a)(


except that the court may retain jurisdiction to enforce the terms of this Stipulation. This

relention ofjurisdiction, being limited to enforcement of the terms of the settlement, does not
extend to the award ofany damages except insofar as damages may be a component ofthe

payment to be made as described in Paragraph l, hereof.


Release, This Stipulation provides for the


and complete satisfaction


claims which have been or could have been asserted by plaintiffin the above-captioned civil
action, and all claims relating to his employment with the Department of Homeland Seourity

("the Agency"), including without limitation all claims for compensatory damages, back pay,
front pay, costs, attomey's fees, and interest or other compensation for delay, and plaintiff agrees
not to hereafter assert any claim or institute or prosecute any civil action or other proceeding
against the Defendant, the Agency, or the Un.ited States, its agencies or officials, or its present or

former employees or agents, in either their official or individual oapacities, with respect to any
event complained of therein or with respect to any claim involving his employment with the

Agency, Plaintiffhereby fully and forever releases and discharges the Defendant, the Agency,
and the United States, its agencies and officials, and its present and former employees and
agents, in their offrcial and individual capacities, from any and all rights and claims ofevery

kind, nature, and description, whether presently known or unknown, whioh plaintiffnow has or
may have arising out

ofor in connection with any

event occurring on or betbre the date that this

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Settlement Agreement becomes effective and enforceable, including

without limitation any

rights or claims under the Equal pay Aot of 1963, Title

vrl ofthe civil

Rights Act of 1964, the

Age Discrimination in Employment Act of 1967, the Rehabilitation

Act of 1973, the
Service Reform Act


of 1978, the older workers Benefit protection Act of 1990, the civil Rights

Act of 1991, and the Family and Medical Leave Act of 1993, all as
amended and currently in

effect. In connection with this release, plaintiff acknowledges that he is aware rhat
he may
hereafter discover rights or claims presently unknown and unsuspected,
or facts in addition to or

different from those which he now knows with respect to the rights and claims released herein.
Nevertheless, Plaintiffagrees, through this stipulation, to settle and relesse all such rights and

This Settlement Agreement does not waive any rights or benefits that may be available to


a result

of the union grievance or litigation stemming from the data breach of the U,S,

Oflice of Personnel Management in


201 5

prior to his resignation.

No Assipnment. Plaintiff represents and warrants that he is the sole lawful owner

the rights and claims which he has setfled and released heroin, and that he has not

transferred or assigned any ofthose rights and claims or any interest therein, Plaintiffshall

indemnify, hold harmless, and defend the defendant, the Agency, and the United States, its
agencies and of'ficials, and ils present and former employees and agents, in their official and

individual capacities, lrom and against any transfered, assigned, or subrogated interests in those
rights and claims,


No,Admission of Liability. This Stipulation has been entered into by plaintiff and

defendant solely for the purposes of compromising disputod claims without protracted legal
proceedings and avoiding the expense and risk of such

litigation, Therefore, this Stipulation is

Case 1:13-cv-00394-RDM Document 64 Filed 11/24/15 Page 7 of 11

not intended and shall not be deemed an admission by either party of the merit or lack
of merit


the opposing party's claims and defenses. without limiting the generality of the foregoing,

Stipulation does not constitute, and shall not be construed as, an admission that defendan(
Agency, or any ofthe Agency's present or formor employees or agsnts violated any of plaintifps
rights or any laws or regulations, or as an admission ofany contested fact alleged by plaintiffin
connection with this case or otherwise. This Stipulation may not be used as evidence or
otherwise in any civil or administrative action or proceeding against defendant, the Agency, or
the United states or any of its agencies or oflicials or present or former employees or agents,

either in their official or individual capacities, except for proceedings necessary to implement or
enfurce the terms




Tax Consequences. Plaintiff acknowledges that he has not relied on any

representations by govemment employees or agents as to the tax consequences

ofthis Stiputation

or any payments made by or on behalf of defendant hereunder. Plaintiff shall be solely

responsible for compliance with all federal, slate, and local tax


requirements and other

obligations arising lrom this Stipulation that are applicable to Plaintiff.


Entire Agreemenl. This Stipulation contains the entire agreement between the

parties hereto and supersedes all previous agreements, whether written or oral, between the
parties relating to the subject matter hereof. No promise or inducement has been made except as

forth herein, and no representation or understanding, whether written or oral, that is not

expressly set


herein shall be enforced or otherwise be given any force or eftbct in

connection herewith.

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Amendments. The terms of this stipulation may not be modified or

amended, and

no provision hereofshall be deemed waived, except by a written

instrument signed by the pa$y

to be charged with the modi{ication, amendment, or waiver,


construction, The parties acknowledge that the preparation ofthis Stipulation

was collaborative in nature, and so agree that any presumption or rule that
an agreement is
conshued against its drafler shall not apply to the interpretation of this Stipulation
or any ten1 or

provision hereof.


Headings. The paragraph headings in this Stipulation have been inserted for

convenience ofreference only, and shatl no1 limit the scope or otherwise affect the interpretation

ofany term or provision hereof.


Severability. The provisions of this Stipulation are severable, and any invalidity

or unenforcability ofany one or more of its provisions shall not cause the entire agreement to
l'ail or affect the validity or enforceability ofthe other provisions herein, which shall be enforced

without the severed provision(s) in acoordance with the remaining provisions of this StipulaXion.


Eufhcf a$uangg!. Each party agrees to take such actions

and to execute such

additional documents as may be necessary or appropriate to fully effectuate and implement the
terms of this Stipulation,


Riqht to Cure. Ifeither Plaintiffor Defendant at any time believes that the other

party is in breach of this Stipulation, that party shall notify the other party of the alleged breach.
The other party shall then have thirty (30) days to cure the breach or otierwise respond to the

claim. The parties shall make

a good

faith effort to resolve any dispute arising from or regarding

this Stipulation before bringing the dispute to the Court's attention.


Case 1:13-cv-00394-RDM Document 64 Filed 11/24/15 Page 9 of 11


Notices, Any notice required or pennitted to be given pursuant to this Stipulation

shall be in witing and sharl be r) delivered by hand, or 2) mailed

and transmittsd by fax or by e-

mail, addressed as follows or as each party may subsequently update by written

notice that
includes an address and e-rnail address or fax number to the other party:

If to plaintiff:
Michael Leiterman
I Peaoe Pipe Lane
Fredericksburg, y r gtrrra 22401

with copy to:

Joseph B, Espo, Esquire
Brown, Goldstein and Levy,



20 East Baltimore Street, Suite 1700

Baltimore, Maryland 21202

Fax: (410) 385-0869
Email: jbe@browngold,com

If to defendant:
Philip F. Carpio, Esquire
OfIice of Chief Counsel
U.S, Customs and Border Protection
1300 Perursylvania Avenue, NW
Washington, D.C, 20229
Fax (202)344-2950

with copy to:

W. Mark Nebeker
Assistant United States Attorney
Civil Division
555 4th Street, N.W.
Washington, D,C. 20530
Fax: (202) 252-2599
E-mail :

Case 1:13-cv-00394-RDM Document 64 Filed 11/24/15 Page 10 of 11


Execution. This stipulation may be executed in two or more counterparts, each of

which shall be deemed to be an original and all of which together shall be deemed to be one and
the same agreement, A facsimile or other duplicate

ofa signature shall have the same effecl

as a

manually-executed ori ginal.


coverning Law. This stipulation shall be governed by the laws of the District of

Columbia" without regard to the choice of law rules utilized in that jurisdiction, and by the laws

of the United States,



Binding Effect. Upon execution ofthis Stipulation by all parties hereto, this

Stipulation shalt be binding upon and inure


the benefit ofthe parties and their respeotive heirs,

personal representatives, administrators, successors, and assigns; provided, however, that the
settlement agreement herein shall not become effective or enforceable until the revocation period

provided for in Paragraph 2 hereof has expired. Each signatory to this Stipulation represents and
warrants thal he is fully authorized to enter into this Stipulation.


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THE Filed
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Case 1:13-cv-00394-RDM Document 64


rhe parties hereto, iutending to be legally

executed rhis Stipulation on the dates shorvn below.


, hrrve


United Statcs Atto ley

for tllc DisLict of Colunlbia


DC Bar#924092


Clliet Civil Divis

Broul,Goldstin and Letry,LLP


120E.Baltill10re Street,Sllitc 1 700

DC Bar#396739

Baltimorc,plD 21202

Assistant Unitcd Statcs

155 4th Strcct,N.W.

,4t to r n ey fo

Datc: :l


P I ai nt


\Vashington, DC 20.530


SO ORDERED on this



for Defendcut