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Brandee R. Shattenberg v. Sebring NP Services LLC, et al. FLSA Settlement Agreement

UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

FORT PIERCE DIVISION

BRANDEE R. SHATTENBERG,

Plaintiff,

v.

SEBRING NP SERVICES, LLC, and

AMY DE LA FUENTE, an individual,

Defendants

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) Case No. 2:20-cv-14144

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SETTLEMENT AGREEMENT AND RELEASE OF FLSA CLAIMS

This Settlement Agreement and Release of Claims (the “Agreement”) is entered into by 

and between BRANDEE R. SHATTENBERG (“Plaintiff”) and SEBRING NP SERVICES, LLC, 

and AMY DE LA FUENTE, (“Defendants”), collectively (the “Parties”).

WHEREAS, Plaintiff was an employee of the Defendants;

WHEREAS, Plaintiff filed a civil action against Defendants in the United States District 

Court, Southern District of Florida, Fort Pierce Division, seeking redress for alleged violations 

under the provisions of 29 U.S.C. §§ 201, et seq., known as the Fair Labor Standards Act (the 

“FLSA”), and for unpaid wages under Florida common law, Case Number 2:20-cv-14144; and

WHEREAS, Defendants deny all allegations in the Lawsuit and any liability and/or any 

other wrongdoing in respect to Plaintiff;

WHEREAS, Plaintiff and Defendants wish to avoid litigation and settle and resolve the 

controversy between them amicably and expeditiously;

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Brandee R. Shattenberg v. Sebring NP Services LLC, et al. FLSA Settlement Agreement

NOW, THEREFORE, in consideration of the mutual covenants set forth herein and other 

good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, 

it is hereby

STIPULATED AND AGREED by and between the undersigned parties that the aboveentitled matter is resolved as follows:

1. RECITALS: The foregoing recitals are true and correct and are incorporated below as if fully

set forth therein.

2. RELEASE OF FLSA AND WAGE CLAIMS: This agreement shall constitute a release of all

claims Plaintiff might have under the FLSA or similar law against Defendants.

a. Upon execution of this Agreement, the parties shall immediately file a Joint Motion for 

Approval of Settlement and Dismissal of this case, with prejudice.

b. In exchange for the consideration set forth in Paragraph 3 below, Plaintiff, for herself and 

her attorneys, heirs, executors, administrators, successors and assigns, hereby waives and 

releases, knowingly and willingly, Defendants, Sebring NP Services, LLC, and Amy De 

La Fuente (the “Released Parties”), from any and all wage claims of any nature whatsoever 

Plaintiff has arising out of or related to the payment of wages during this employment with 

Defendants, known or unknown, including, but not limited to, any claims Plaintiff may 

have under the Fair Labor Standards Act (“FLSA”), the Florida minimum wage statute, 

and any and all other applicable state, federal, county, or local ordinances, statutes or 

regulations, including claims of retaliation and claims for attorneys’ fees which relate to 

the payment of wages. Plaintiff also represents and certifies that he has received full 

payment for all hours worked while employed by Defendants, including minimum wage,

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Brandee R. Shattenberg v. Sebring NP Services LLC, et al. FLSA Settlement Agreement

overtime hours, bonuses, and vacation pay and that no further payment for hours worked 

is due by the Released Parties.

3. SETTLEMENT SUMMARY: In exchange for and in consideration of the Releases and

promises of Plaintiff in this Agreement, Defendants agree to pay a total sum of FIVE 

THOUSAND 00/100 dollars ($5,000.00). The payments will be tendered as follows:

1. One (1) check payable to BRANDEE R. SHATTENBERG in the gross amount of

$1,107.50, as taxable wages, less appropriate taxes and withholdings, to represent the 

unpaid wages claim. An IRS Form W-2 will be issued to Plaintiff for this amount. Plaintiff 

must provide a fully completed and executed IRS Form W-4 to counsel for Defendants 

along with the executed Agreement; and

2. One (1) check payable to BRANDEE R. SHATTENBERG in the gross amount of

$1,107.50, as liquidated damages. An IRS Form 1099 will be issued to Plaintiff for this 

amount. Plaintiff must provide a fully completed and executed IRS Form W-9 to counsel 

for Defendants along with the executed Agreement; and

3. One (1) check Payment to WENZEL FENTON CABASSA, P.A. in the amount of

$2,785.00, representing attorneys’ fees and costs for which separate IRS Forms 1099 shall 

issue to WENZEL FENTON CABASSA, P.A. Counsel must provide a fully completed 

and executed IRS Form W-9 to counsel for Defendants along with the executed 

Agreement.

Plaintiff is aware of and agrees with, the number of attorneys’ fees and costs to be paid to 

Plaintiff’s counsel for representing her interest in this matter.

1. The settlement sum will be delivered to Plaintiff within ten (10) business days after all of 

the following events occur: (1) the Court’s approval of this Agreement; (2) dismissal with 

prejudice of Plaintiff’s claims in the Lawsuit; and (3) Plaintiff’s delivery of IRS forms W4 and W-9 to Defendants’ counsel.

2. Plaintiff understands and acknowledges that the payments specified in this section would 

not be issued to Plaintiff except for Plaintiff’s execution of this Agreement, including the 

Release of FLSA claims contained herein, and Plaintiff’s fulfillment of the promises 

contained herein.

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Brandee R. Shattenberg v. Sebring NP Services LLC, et al. FLSA Settlement Agreement

3. Defendants make no representation as to the taxability of the amounts paid to Plaintiff.

Plaintiff agrees to pay federal or state taxes, if any, which are required by law to be paid 

with respect to this settlement. Moreover, Plaintiff agrees to indemnify Defendants and 

hold them harmless from any interest, taxes or penalties assessed against it by any 

governmental agency as a result of the non-payment of taxes on any amounts paid to 

Plaintiff under the terms of this Agreement.

4. AFFIRMATIONS. Plaintiff affirms that upon payment of the amounts set forth herein,

Plaintiff will have been paid and/or will have received all overtime compensation, 

liquidated damages related to overtime compensation, and attorney’s fees and costs in 

connection with Plaintiff’s claims under the FLSA regarding Released Parties up to the 

date of this Agreement.

5. NO ADMISSION. Neither this Agreement nor the furnishing of the considerations for this

Agreement shall be deemed or construed at any time for any purpose as an admission by 

the Released Parties of any liability, unlawful conduct of any kind or violation by the 

Released Parties of the FLSA.

6. OPPORTUNITY TO REVIEW. Plaintiff acknowledges that Plaintiff is aware that Plaintiff

is giving up all FLSA claims and related wage claims Plaintiff may have against the 

Released Parties. Plaintiff acknowledges that Plaintiff has been advised in writing to 

consult with an attorney and has had the opportunity to seek legal advice before executing 

this Agreement. Plaintiff signs this Agreement voluntarily. The Parties agree and 

acknowledge that this Agreement was drafted by all Parties and their counsel where 

applicable. The language of this Agreement shall be construed as a whole, according to its 

fair meaning, and not strictly for or against either Party.

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Brandee R. Shattenberg v. Sebring NP Services LLC, et al. FLSA Settlement Agreement

7. SEVERABILITY. Except as set forth below, should any provision of this Agreement be

declared illegal or unenforceable by any court of competent jurisdiction, such that it cannot 

be modified to be enforceable, excluding the release language, such provision shall 

immediately become null and void, leaving the remainder of this Agreement in full force 

and effect except for sections 2 and 3, supra.

8. VENUE AND GOVERNING LAW. This Agreement shall be governed by the laws of the

State of Florida without regard to its conflict of laws provision. In the event of any action 

arising hereunder, venue shall be proper in the United States District Court in and for the 

Southern District of Florida.

9. ENTIRE AGREEMENT. This Agreement setsforth the entire agreement between Plaintiff

and Defendants as to settlement of the Plaintiff’s FLSA and similar wage claims asserted 

in this case. Plaintiff acknowledges that Plaintiff has not relied on any representations, 

promises, or agreements of any kind made to Plaintiff in connection with the decision to 

sign this Agreement, except those set forth in this Agreement.

10. EXECUTION IN COUNTERPARTS. This Agreement may be executed in any number of

counterparts, each of which shall be considered an original. All the counterparts together 

shall constitute one and the same instrument.

11. THE SIGNATORIES HAVE CAREFULLY READ THIS ENTIRE SETTLEMENT 

AGREEMENT AND RELEASE OF FLSA CLAIMS. THE PARTIES HAVE EITHER 

BEEN REPRESENTED BY COUNSEL THROUGHOUT THE NEGOTIATION OF 

THIS AGREEMENT AND HAVE CONSULTED WITH THEIR ATTORNEYS 

BEFORE SIGNING THIS AGREEMENT OR HAVE BEEN PROVIDED THE 

OPPORTUNITY TO SECURE COUNSEL TO ADVISE ON THIS AGREEMENT. THIS

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Brandee R. Shattenberg v. Sebring NP Services LLC, et al. FLSA Settlement Agreement

PARTIES FULLY UNDERSTAND THE FINAL AND BINDING EFFECT OF THIS 

AGREEMENT. THE ONLY PROMISES OR REPRESENTATIONS MADE TO ANY 

SIGNATORY ABOUT THIS AGREEMENT ARE CONTAINED IN THIS 

AGREEMENT.

12. HAVING ELECTED TO EXECUTE THIS SETTLEMENT AGREEMENT AND 

RELEASE OF FLSA CLAIMS, TO FULFILL THE PROMISES SET FORTH HEREIN, 

AND TO RECEIVE THEREBY THE SETTLEMENT SUM AND BENEFITS SET 

FORTH IN PARAGRAPH 3 ABOVE, PLAINTIFF FREELY AND KNOWINGLY AND 

AFTER DUE CONSIDERATION, ENTERS INTO THIS SETTLEMENT AGREEMENT 

AND RELEASE OF FLSA CLAIMS INTENDING TO WAIVE, SETTLE AND 

RELEASE THE FLSA CLAIMS PLAINTIFF HAS OR MIGHT HAVE AGAINST 

RELEASED PARTIES.

THE PARTIES ARE SIGNING THIS AGREEMENT VOLUNTARILY AND KNOWINGLY.

[SIGNATURES ON FOLLOWING]

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Brandee R. Shattenberg v. Sebring NP Services LLC, et al. FLSA Settlement Agreement

Dated: SEBRING NP SERVICES, LLC

Sign:

Name: Amy De La Fuente

Title:

_Amy DeLa Fuente 07/17/2020

AMY DE LA FUENTE Date

07 / 14 / 2020

BRANDEE R. SHATTENBERG Date

Amy De La Fuente (Jul 17, 2020 15:09 EDT)

Email: sebringnp@gmail.com

Signature:

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