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SETTLEMENT AGREEMENT

This Settlement Agreement (Agreement) is made by and between Pierre Junior Lima 

(Lima) and Jean Patrick Saintil (Saintil) and Westmoreland Protection Agency, Inc. (WPA), 

Pam Johnson (Johnson) and Paul Spence (Spence). For purposes of this Agreement, (a) 

references to Lima, Saintil, Johnson and Spence shall include each of their respective heirs, 

representatives, agents, successors and assigns, (b) Lima and Saintil shall be collectively referred 

to herein as Plaintiffs, (c) WPA, Johnson and Spence shall be collectively referred to herein as 

Defendants, and (d) Plaintiffs and Defendants shall be collectively referred to herein as the 

Parties, and individually, as a Party. This Agreement shall be effective on the date that its 

execution is completed by all Parties (Effective Date). 

RECITALS 

WHEREAS, Plaintiffs were formerly employed by WPA; 

WHEREAS, on July 7, 2020, Plaintiffs filed a Complaint against Defendants in the United 

States District Court for the Southern District of Florida (Case No. 20-cv-61352-RKA, the 

Complaint), alleging that they are owned unpaid overtime wages; 

WHEREAS, Defendants deny all such allegations and further deny any and all claims 

asserted by Plaintiffs; 

WHEREAS, on December 21, 2020, the Parties participated in court-ordered settlement 

conference; 

WHEREAS, on or about January 13, 2021, the Parties participated in court-ordered 

mediation which ultimately resulted in the full resolution of all wage-related claims which were

raised or could have been raised by Plaintiffs (whether in the Complaint or otherwise); and 

WHEREAS, the Parties, solely to avoid the expense and disruption which will inevitably 

result from protracted litigation, have since agreed to a full resolution of any and all wage-related 

claims, demands or rights (whether known or unknown) which have been or might have been 

asserted by Plaintiffs (whether in the Complaint or otherwise). 

1. Payment to Plaintiffs: Defendants will pay, or cause to be paid, to Plaintiffs and 

their counsel the total, aggregate sum of ONE THOUSAND SIX HUNDRED THIRTY-NINE 

DOLLARS ($1,639.00), by way of five (5) checks which shall be apportioned as follows: 

i. Check payable to Lima in the amount of $125.00, less applicable withholding taxes

based upon an updated IRS Form W-4 submitted by Lima to Defendants counsel, 

representing full satisfaction of all claims and damages for alleged unpaid wages 

which Lima has asserted, asserts or could assert against Defendants or any of the 

Released Parties (as defined below), for which an IRS Form W-2 will be issued to 

Lima; 

ii. Check payable to Lima in the amount of $125.00, with no withholdings, for which 

Lima shall execute IRS Form W-9 and submit the same to Defendants counsel, 

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representing full satisfaction of Limas claim for liquidated damages and all other 

claims which Lima has asserted, asserts or could assert against Defendants or any 

of the Released Parties (as defined below), for which an IRS Form 1099 will be 

issued to Lima; 

iii. Check payable to Saintil in the amount of $125.00, less applicable withholding 

taxes based upon an updated IRS Form W-4 submitted by Saintil to Defendants

counsel, representing full satisfaction of all claims and damages for alleged unpaid 

wages which Saintil has asserted, asserts or could assert against Defendants or any 

of the Released Parties (as defined below), for which an IRS Form W-2 will be 

issued to Saintil; 

iv. Check payable to Saintil in the amount of $125.00, with no withholdings, for which 

Saintil shall execute IRS Form W-9 and submit the same to Defendants counsel, 

representing full satisfaction of Saintils claim for liquidated damages and all other 

claims which Saintil has asserted, asserts or could assert against Defendants or any 

of the Released Parties (as defined below), for which an IRS Form 1099 will be 

issued to Saintil; and 

v. Check in the amount of $1,139.00, payable to Koz Law, P.A., as Plaintiffs

attorneys fees and costs, for which an IRS Form 1099 will be issued to Koz Law, 

P.A. 

As set forth below, Plaintiffs actual receipt of the settlement payments is subject to the Courts 

approval of the settlement and dismissal of the case with prejudice. Plaintiffs agree that these 

payments comprise full and complete satisfaction of any and all alleged damages incurred by them 

with respect to the payment of wages, and that such payments are being made solely to resolve all 

wage-related claims between the Parties. 

a. Pursuant to Lynns Food Stores, Inc. v. U.S. Dept. of Labor, 679 F.2d 1350 

(11th Cir. 1982), the Parties shall file a Joint Motion for Approval and proposed Order dismissing 

this case with prejudice no later than three (3) calendar days after the Effective Date of this 

Agreement. The settlement payments referenced above shall be delivered to Koz Law, P.A. (320 

S.E. 9th Street, Fort Lauderdale, Florida 33316) no later than twenty-one (21) calendar days after 

the Court approves the settlement and dismisses the case with prejudice. 

b. The parties are responsible for their respective tax liability properly incurred 

as a consequence of the payments made pursuant to this agreement. 

c. Plaintiffs acknowledge that all costs and/or attorneys fees liens arising out 

of or related to the claims asserted in, or that could have been asserted, in the Complaint filed in 

Case No. 20-cv-61352-RKA or any other earlier filed or unfiled related actions (if any) will be 

paid in full by Plaintiffs out of the proceeds of this Agreement, including any attorneys fees or 

costs owed (over and above those set forth herein) to Koz Law, P.A. or any other law firm that 

may have previously represented or currently represents Plaintiffs in connection with their claims 

against Defendants. Plaintiffs further acknowledge that no liens of any type have been filed, made, 

or asserted against them regarding the pending claims. 

2. Release: In return for the various promises and the payments made by, or on behalf 

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of, Defendants, Lima and Saintil hereby forever release, remise, discharge and acquit 

Johnson, Spence and WPA, including WPAs past, present and future parent companies, 

subsidiaries, affiliates, related entities, divisions and fictitious entities and all of their respective 

past, present and future respective officers, directors, owners, shareholders, partners, members, 

managers, representatives, insurers, agents, attorneys, employees, contractors, consultants, heirs, 

beneficiaries, executors, administrators, successors and assigns successors, assigns thereof 

(collectively, the Released Parties) from any and all actions, claims, or demands whatsoever, in 

law or in equity, which Plaintiffs, or their heirs, executors, administrators, agents, legal 

representatives, assigns, beneficiaries and successors in interest ever had or now have, by reason

of any matter, cause or thing whatsoever, now existing or arising in the future, based on any act or 

omission, event, occurrence or non-occurrence, from the beginning of time to the date of execution 

of this Agreement, growing out of, resulting from or connected in any way to the payment of wages 

(including minimum, overtime and living wages) during Plaintiffs former employment with WPA 

and/or relationship with any of the Released Parties including, but not limited to, any and all claims 

under the Fair Labor Standards Act, as amended [29 U.S.C. §§ 201 - 219], the Florida Minimum 

Wage Act [Fla. Stat. § 448.110], Chapter 26 of the Code of Ordinances of Broward County 

(including, without limitation, Section 26.100 et seq.) and any and all other applicable federal, 

state or local law, ordinance or regulations which relate to the payment of wages. 

A. Plaintiffs acknowledge and agree that this release of all claims they had or 

now have under the Fair Labor Standards Act, the Florida Minimum Wage Act, Chapter 26 of the 

Code of Ordinances of Broward County and/or any other applicable federal, state or local wage 

and hour laws, ordinances and/or regulations includes any and all claims against Defendants and/or 

the Released Parties for minimum wages, overtime pay, living wages, liquidated damages, 

attorneys fees and costs. Plaintiffs further acknowledge that they are forever barred from pursuing 

any claim for unpaid overtime, unpaid minimum wages, unpaid living wages, unpaid wages, 

liquidated damages, attorneys fees or costs against the Released Parties. In that regard, Plaintiffs 

acknowledge that they (1) have been fully compensated for any and all hours that they actually 

worked for WPA at the proper rates of pay, and (2) have received all other available damages and 

their attorneys fees and costs. 

B. For the purpose of implementing a full and complete release, Plaintiffs 

expressly acknowledge that the foregoing release is intended to include in its effect, without 

limitation, any and all wage-related claims that they did not know or suspect to exist in their favor 

at the time of the Effective Date of this Agreement, regardless of whether the knowledge of such 

claims or the facts upon which they might be based, would materially have affected the settlement 

of this matter, and that the consideration given under this Agreement is also for the release of these 

claims and contemplates the extinguishment of any unknown claims. 

3. Non-Admission Clause: Plaintiffs agree and acknowledge that this Agreement is 

not, and shall not be construed to be, an admission by Defendants and/or any of the Released 

Parties of any liability or any act of wrongdoing whatsoever including, without limitation, any 

violation of (1) any federal, state, or local law, statute, regulation or ordinance, or (2) any duty 

owed by Defendants and/or any of the Released Parties to anyone. 

4. No Re-Employment: Plaintiffs agree and recognize that their former employment 

with WPA has been permanently and irrevocably terminated, and they expressly waive any right 

or claim to re-employment with WPA. Plaintiffs further agree that they will not hereafter apply 

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for, or otherwise seek, employment with WPA or any of the Released Parties. 

5. Assignment: Plaintiffs represent and warrant that they have not heretofore 

assigned or transferred, or purported to assign or transfer, to any person or entity, any claim against 

Defendants or any of the Released Parties. Plaintiffs further represent and warrant that no other 

person or entity other than the Parties hereto, had or have any interest in the matters referred to in 

this Agreement. Plaintiffs shall not assign any of their rights or duties under this Agreement 

without the express written consent of Defendants and the Released Parties. 

6. Binding Nature of Agreement: This Agreement shall be binding upon each of 

the Parties and upon their respective heirs, administrators, representatives, executors, successors 

and assigns, and shall inure to the benefit of each Party and to their respective heirs, administrators, 

representatives, executors, successors and assigns. 

7. Entire Agreement: This Agreement constitutes the complete understanding of the 

Parties hereto and supersedes any and all prior agreements, promises, representations or 

inducements, whether oral or written, concerning its subject matter. No promises or agreements 

made subsequent to the execution of this Agreement by the Parties shall be binding unless reduced 

to writing and signed by the Parties. 

8. Prevailing Party: In the event that it shall be necessary for any Party to this 

Agreement to institute legal action to enforce any of the terms and conditions or provisions 

contained herein, or for any breach thereof, the prevailing Party shall be entitled to costs and 

reasonable attorneys fees as determined by a court of competent jurisdiction. 

9. Governing Law and Venue: The terms of this Agreement will be construed in 

accordance with the laws of the State of Florida. In the event any Party initiates an action to 

enforce the terms of this Agreement, such action shall be commenced in the United States District 

Court for the Southern District of Florida, or any other court of competent jurisdiction in Broward 

County, Florida. 

10. Severability: If any provision of this Agreement or the application thereof is held 

invalid, such invalidation shall not affect other provisions or applications of this Agreement and 

to this end the provisions of this Agreement are declared severable. 

11. Parties Represented by Counsel/Acknowledgment of Legal Competence: This 

Agreement is not to be construed against any Party. All Parties were represented by counsel and 

participated in the drafting and negotiation of this Agreement. Plaintiffs hereby attests that they 

are legally competent to enter into this Agreement and fully understand and appreciate the terms, 

obligations and ramifications of same. 

12. Execution: This Agreement can be executed in counterparts. An executed version 

of this Agreement, if transmitted electronically or by facsimile, shall be effective and binding as if 

it were the originally executed document. 

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