1

SETTLEMENT AGREEMENT AND MUTUAL RELEASE

1. This Agreement covers all understandings between KENNETH HAAVE

(hereinafter referred to as “Plaintiff,” a term which includes Plaintiff’s successors, assigns, 

beneficiaries, personal representatives, and heirs) and ALL AMERICAN SECURITY SERVICES, 

INC. and SERGIO SALAS (hereinafter referred to as “Defendants,” a term which includes each 

and every officer, director, employee, agent, parent corporation or subsidiary, affiliate or division, 

their successors, assigns, beneficiaries, servants, legal representatives, insurers and heirs).

2. For and in consideration of the promises outlined in Paragraph 3 of this Agreement, 

Plaintiff agrees as follows:

A. To settle any and all claims and actions of any nature whatsoever between Plaintiff

and Defendants and release and forever discharge Defendants of and from all and 

any manner of actions, causes of actions, suits, rights to attorney fees, debts, claims 

and demands whatsoever in law or equity by reason of any matter, cause or thing 

whatsoever, and particularly, but without limitation of the foregoing general terms, 

by reason of any claims or actions arising from Plaintiff’s employment with 

Defendants, or related to the transactions or matters which are the subject matter of 

the lawsuit Case No. 20-22477-CIV-MORENO, pending in the United States 

District Court for the Southern District of Florida, including without limitation any 

claims arising from any alleged violation of any and all federal, state, or local laws, 

including the Employee Retirement Income Security Act of 1974, the Civil Rights 

Acts of 1866, 1871, 1964, and 1991, the Rehabilitation Act of 1973, the Fair Labor 

Standards Act, the Equal Pay Act of 1963, the Vietnam Era Veterans’ Readjustment 

Assistance Act of 1974, the Occupational Safety and Health Act, the Immigration 

Reform and Control Act of 1986, the Americans with Disabilities Act, the Age 

Discrimination in Employment Act of 1967, the Older Workers’ Benefit Protection 

Act, and the Florida Civil Rights Act. This is not a complete list, and Plaintiff

waives and releases all similar rights and claims under all other federal, state and 

local discrimination provisions and all other statutory and common law causes of 

action relating in any way to Plaintiff’s employment or separation from 

employment with Defendants, or otherwise, and whether such claims are now 

known or unknown to Plaintiff, from the beginning of the world to the effective 

date of this Agreement, except that this release does not compromise, waive, or 

prejudice: (i) any claims for re-employment assistance, a/k/a unemployment, 

benefits consistent with Florida Statutes §443.041(1); or (ii) any claims for 

worker’s compensation benefits consistent with Florida Statutes §440.21.

B. To file this Agreement in the public record with the Court in Case No. 20-22477-

CIV-MORENO by attaching an executed copy of this Agreement to the parties’ 

Joint Motion for review and approval pursuant to Lynn’s Food Stores, Inc. v. 

United States, 679 F.2d 1350 (11th Cir. 1982), with the Court to dismiss Case No. 

20-22477-CIV-MORENO with prejudice and to retain jurisdiction to enforce this 

Settlement Agreement.

Case 1:20-cv-22477-FAM Document 8-1 Entered on FLSD Docket 07/10/2020 Page 1 of 5
2

C. To agree and acknowledge that this settlement does not constitute an admission by 

Defendants of any violation of any federal, state, or local statute or regulation, or 

any violation of any of Plaintiff’s rights or of any duty owed by Defendants.

D. Plaintiff waives any right to future employment with Defendants and agrees that he 

shall not apply for employment with Defendants in the future. To the extent 

Plaintiff does apply for employment with Defendants in the future, Plaintiff 

acknowledges and agrees that he is not eligible for re-hire and can be denied 

employment for any reason.

E. Plaintiff shall not disclose the terms of this Agreement to anyone except to 

Plaintiff’s spouse, attorneys, tax advisors, or as compelled by force of law. In the 

event Plaintiff is compelled by force of law to disclose the contents of this 

Agreement, Plaintiff agrees that notice of receipt of the judicial order or subpoena 

shall be promptly communicated to Defendants’ Counsel, Jay E. Kreutzer, Esq., via 

e-mail to kreutzerlaw@aol.com, so that Defendants will have the opportunity to 

assert what rights they may have in non-disclosure prior to any response to the order 

or subpoena. 

3. For and in consideration for the promises made by Plaintiff in Paragraph 2 of this 

Agreement, Defendants agree as follows:

A. Within ten (10) days of the Court’s Order approving this Settlement Agreement in 

Case No. 20-22477-CIV-MORENO, Defendants agree to pay the total sum of 

$9,000.00 as follows: (i) one check made payable to KENNETH HAAVE in the 

amount of $2,275.00, less applicable tax withholdings, as consideration for alleged 

overtime wages; (ii) one check made payable to KENNETH HAAVE in the amount 

of $2,275.00, from which no withholdings shall be taken, as consideration towards 

alleged liquidated and all other damages; and (iii) one check made payable to Keith 

M. Stern, P.A. in the amount of $4,450.00 as consideration for $3,950.00 for 

Plaintiff’s attorneys’ fees and $500.00 for costs.

B. Defendants shall have ten (10) calendar days following the payment deadline under 

Section 3(A) to cure any default in payment (i.e., failure to pay the agreed upon 

amount). However, if Defendants do not cure any default in their payment 

obligations under this Agreement, Plaintiff shall be entitled to a Consent Judgment 

against Defendants, jointly and severally, in the amount of $14,000.00 less any 

amounts previously paid by Defendants.

C. In exchange for the consideration in this Agreement from Plaintiff, Defendants 

release Plaintiff from any and all claims, charges, actions and causes of action of 

any kind or nature that Defendants once had or now have, whether arising out of 

Plaintiff’s employment or otherwise, and whether such claims are now known or 

unknown to Defendants from the beginning of the world to the effective date of this 

Agreement. 

Case 1:20-cv-22477-FAM Document 8-1 Entered on FLSD Docket 07/10/2020 Page 2 of 5
3

D. To file this Agreement in the public record with the Court in Case No. 20-22477-

CIV-MORENO by attaching an executed copy of this Agreement to the parties’ 

Joint Motion for review and approval pursuant to Lynn’s Food Stores, Inc. v. 

United States, 679 F.2d 1350 (11th Cir. 1982), with the Court to dismiss Case No. 

20-22477-CIV-MORENO with prejudice and to retain jurisdiction to enforce this 

Settlement Agreement. 

E. Defendants shall not disclose to any third parties: (i) the terms of this Agreement; 

or (ii) that Plaintiff filed any claims against Defendants. If Defendants are

contacted by or communicate with any third parties about Plaintiff, Defendants

agree they will confirm only the dates during which Plaintiff performed work for 

Defendants, the job/position Plaintiff held with Defendants, and if asked, the 

compensation paid to Plaintiff. In the event Defendants are compelled by force of 

law to disclose the existence or terms of this Agreement, Defendants agree that 

notice of receipt of any judicial order, subpoena, or governmental investigation 

shall be communicated to counsel for Plaintiff, Keith M. Stern, Esq., telephonically 

at (305) 901-1379 and in writing to Plaintiff’s Counsel at 

employlaw@keithstern.com so that Plaintiff will have the opportunity to assert any 

rights he has regarding such disclosure.

4. In the event that Plaintiffs or Defendants commence(s) an action for damages, 

injunctive relief, or to enforce the provisions of the Agreement, the prevailing party in any such 

action shall be entitled to an award of his/its reasonable attorneys’ fees and all costs including 

appellate fees and costs, incurred in connection therewith as determined by the court in any such 

action.

5. Plaintiff and Defendants agree that this Settlement Agreement is entered into 

knowingly and voluntarily, after having the opportunity to fully discuss it with an attorney. Having 

had the opportunity to obtain the advice of legal counsel to review, comment upon, and redraft the 

agreement, the parties agree that the Agreement shall be construed as if the parties jointly prepared 

it so that any uncertainty or ambiguity shall not be interpreted against any one party and in favor 

of the other.

6. The effective date of this Agreement shall be the date of the Court’s Order of 

Approval/Dismissal in Case No. 20-22477-CIV-MORENO. In the event the Court does not 

approve of this settlement agreement, this agreement, its requirements, and its releases shall be of 

no force or effect.

7. This Agreement supersedes any and all prior agreements between the parties. No 

cancellation, modification, amendment, deletion, addition, or other changes in this Agreement 

shall be effective for any purpose unless specifically set forth in a subsequent written agreement 

signed by both Plaintiff and Defendants.

8. This Agreement may be executed electronically and in multiple counterparts, each 

of which shall be deemed an original, but all of which together shall constitute one instrument. 

Electronic and facsimile signatures shall be deemed effective as original signatures.

Case 1:20-cv-22477-FAM Document 8-1 Entered on FLSD Docket 07/10/2020 Page 3 of 5
Case 1:20-cv-22477-FAM Document 8-1 Entered on FLSD Docket 07/10/2020 Page 4 of 5