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UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

MIAMI DIVISION 

CASE NO.: 20-21285-CIV-WILLIAMS 

HECTOR M. ROJAS, 

Plaintiff, 

v.

TASCA DE ESPANA LLC, 

and SHAHRUKH D. SARIARI, individually, 

Defendants, 

________________________________________/ 

SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS 

THIS SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS (“Agreement”) is 

made by and between Plaintiff HECTOR M. ROJAS (hereinafter, “Plaintiff”) on the one hand,

and Defendants TASCA DE ESPANA LLC and SHAHRUKH D. SARIARI (hereinafter,

collectively as “Defendants”), on the other. 

WHEREAS, Plaintiff, through the above-referenced case, alleged unpaid overtime

compensation was due to him pursuant to the Fair Labor Standards Act of 1938, as amended, 29 

U.S.C. § 201 et seq. (the “FLSA”). Plaintiff also alleged he was fired in retaliation for his

complaints regarding overtime compensation. 

WHEREAS, Defendants deny any violations of the FLSA as it regards Plaintiff and all 

other allegations set forth in the Complaint, and, in fact, assert that they have at all times complied

with all applicable laws, rules and regulations in compensating Plaintiff; and 

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

controversy between them as it relates to the FLSA, Plaintiff’s engagement with Defendants, and 

any other employment related issues, amicably and expeditiously; 

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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 Plaintiff’s

FLSA claims in the above-entitled matter are hereby resolved as follows: 

1. RECITALS. The foregoing recitals are true and correct and are incorporated herein by 

this reference. 

2. ACKNOWLEDGMENTS. Plaintiff acknowledges that the settlement reached herein is a 

fair and reasonable settlement of his FLSA claims against Defendants and all other claims related

to his engagement, the termination of his engagement, and his alleged employment and separation 

of employment. 

3. RELEASE OF CLAIMS. 

a. This Agreement shall constitute a waiver and release of all claims Plaintiff has or 

might have under the FLSA, or any other cause of action, against Defendants. 

b. Plaintiff hereby irrevocably and unconditionally release, acquit, remise, and forever

discharge Defendants and their agents, affiliates, owners, members, managers, heirs, estates,

insurers, assigns, successors, predecessors, and related companies (hereinafter “Releasees”) from

any and all rights, obligations, liens, claims, damages, demands, relief, liabilities, equities, actions

and causes of action of whatever kind and character, in law or in equity, in contract or tort or public

policy, both known and unknown, suspected or unsuspected, disclosed and undisclosed, actual and

consequential, specific and general, however denominated (including, but not limited to, those

arising out of, or in any way connected with, the work relationship of the Parties in any position at

any time, and including, but not limited to, all claims that were raised or could have been raised in 

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any civil action), for monetary damages, emotional damages, punitive damages, attorneys’ fees, 

costs, wages, bonuses, overtime pay, front or back pay, minimum wage, income from any source, 

declaratory or injunctive relief, lost benefits, commission, liquidated damages, money,

remuneration, expert’s fees and expenses, or thing of value whatsoever, including, but not limited 

to, claims arising under or relating to: 

A. 42 U.S.C. § 1981; 

B. The Fair Labor Standards Act, 29 U.S.C. §§ 201, 206 and 207, et seq. 

C. Article X § 24, Florida Constitution, Florida Minimum Wage Amendment;

D. The Florida Minimum Wage Act (“FMWA”) 

E. Florida Statute § 440.205; 

F. The Florida Human Rights Act and the Florida Civil Rights Act of 1992

codified in Chapter 760 of the Florida Statutes; 

G. The Labor Management Relations Act of 1947; 

H. The Equal Pay Act of 1963; 

I. The Occupational Safety and Health Act of 1970; 

J. The Rehabilitation Act of 1973; 

K. The Health Maintenance Organization Act of 1973; 

L. The Immigration Reform and Control Act of 1986; 

M. The Family and Medical Leave Act of 1993 (“FMLA”); 

N. Executive Orders 11141, 11246, and 11375; 

O. 42 U.S.C. § 1981, § 1982, § 1983, § 1985, or § 2000; 

P. The Americans with Disabilities Act (“ADA”), as amended; 

Q. The Consolidated Omnibus Reconciliation Act (“COBRA”); 

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R. The Employee Retirement Income Security Act of 1974 (“ERISA”); 

S. Any claims for damages, injuries, illnesses, workers compensation, or

complications now known or that may later be discovered, including all

effects and consequences thereof; 

T. The Civil Rights Acts of 1866, 1871, 1964 (including Title VII of that Act), 

or 1991; 

U. The Internal Revenue Service Code; 

V. Chapter 448, Florida Statutes;

W. Chapter 440, Florida Statutes; 

X. The Age Discrimination in Employment Act (“ADEA”) and the Older

Workers Benefit Protection Act of 1990 (“OWBPA”); 

Y. The National Labor Relations Act; 

Z. The Genetic Information Non-Discrimination Act; 

AA. Any claim for breach of contract; 

BB. Any claim for defamation, libel, or slander; 

CC. Any federal, state or local laws prohibiting employment discrimination; 

DD. Any claims arising from alleged harassment, negligence or intentionally 

tortious conduct by Employer occurring before, during or after the

relationship between Plaintiff and Employer through the day of this release;

EE. And all other claims under federal, state of local statute or ordinance or

common law, including but not limited to those relating to discrimination

or retaliation in employment. 

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The listing of specific types of claims as set forth above is not intended to limit in any way 

the general and comprehensive scope of this Release from Plaintiff to Defendants. 

Except for enforcement of this Agreement, if Plaintiff should later initiate or participate in

any legal action or proceeding against Defendants, for any claim arising or accruing before and

through the effective date of this agreement, this Agreement will be conclusive evidence that any 

such claims have been released. The parties agree that to the extent, if any, Plaintiff may have any 

non-waivable rights to file or participate in a claim or charge against any of the Released Parties, 

this Agreement shall not be intended to waive such a right. However, even if Plaintiff has a right

to file or participate in a claim or charge against any of the Released Parties, Plaintiff agrees that

Plaintiff shall not obtain, and hereby waives Plaintiff’s right to, any relief of any kind from such a

claim or charge. 

4. PLAINTIFF AGE CLAIM WAIVER. 

Plaintiff understands that there is included within the release given by Plaintiff in the

section of this Agreement entitled “Release of Claims” a release and waiver of all rights and claims

Plaintiff may have under the Age Discrimination in Employment Act, 29 U.S.C. §621 et seq. (the 

“ADEA”). In compliance with the ADEA, Defendants hereby advise Plaintiff as follows: 

a. Plaintiff has the right, and is encouraged to, consult with an attorney at

Plaintiff’s own cost prior to executing this Agreement. 

b. The waiver and release of rights and claims under the ADEA pertains only to rights

and claims arising on or before the Effective Date of this Agreement, but not to rights and claims 

under the ADEA that arise after the Effective Date of this Agreement. 

c. Plaintiff shall have a period of twenty-one (21) days after the date on which this

Agreement is delivered to Plaintiff to consider whether or not to execute it. Plaintiff may accept

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the offer contained in the Agreement at any time within the twenty-one (21) day period by signing 

it and delivering it to Defendants. If Plaintiff does so, the twenty-one (21) day period automatically 

ceases. If Plaintiff does not accept the offer prior to the end of the twenty-one (21) day period, it

shall be automatically revoked. 

d. Notwithstanding any other provisions hereof, this Agreement shall not become

effective until seven (7) days have passed following the date on which it is executed by Plaintiff. 

During said seven (7) day period, Plaintiff may revoke this Agreement by notice in writing to

Defendants, in which case this Agreement shall be null and void and unenforceable by either party 

and Plaintiff shall not be entitled to receive the money itemized under the Paragraph entitled 

“Consideration” below. 

Plaintiff represents and warrants that Plaintiff freely and knowingly, and after due 

consideration and having the opportunity to consult with an attorney, enters into this Agreement

intending to waive, settle, and release all claims Plaintiff has or might have against Defendants. 

5. CONSIDERATION. 

a. In consideration of the matters set forth herein, Defendants shall pay

Plaintiff and his attorney the total gross amount of $11,000.00 (Eleven Thousand and 00/100

Dollars) (hereinafter the “Settlement Sum”), via wire transfer, or in the form of a check, which 

shall be allocated as follows: 

• $6,000.00 made payable to Plaintiff, HECTOR M. ROJAS, as and for payment

of any alleged unpaid overtime wages, liquidated damages, and any other

damages allegedly due to Plaintiff HECTOR M. ROJAS, for which an IRS Form

1099 shall issue to Plaintiff. From this amount, $3,000.00 shall be allocated as

“wages”, and $3,000.00 shall be allocated as “liquidated damages”;

• $4,400.00 made payable to Zandro E. Palma, PA, as payment of attorneys’ fees

and $600.00 in costs, for a total of $5,000.00, incurred in connection with

Plaintiff’s claims, and for which separate IRS Forms 1099 shall issue to Plaintiff

and/or Zandro E. Palma, P.A. 

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b. The full settlement amount $11,000.00, which resolves all of PLAINTIFF’S claims,

including payment for attorney’s fees and costs, shall be provided to Plaintiff’s counsel either via

wire transfer, or via one lump sum payment made to “Zandro E. Palma, P.A. IOLTA”, and shall

be due within 10 days after the execution of this agreement. All funds shall remain in Plaintiff’s

Counsel’s Trust Account until such time that the Court has entered an Order approving the terms 

of the parties’ settlement agreement and dismissing the case with prejudice. 

The full settlement amount shall be delivered to Plaintiff’s counsel’s office, at: Zandro E. 

Palma, Esq., Law Offices of Zandro E. Palma, P.A., 9100 South Dadeland Blvd., Suite 1500,

Miami, Florida 33156, or be made via wire transfer to Plaintiff’s counsel’s Trust Account. 

d. Plaintiff understands and acknowledges that he would not receive the

payments specified in this paragraph except for his execution of this Agreement, including the

Release of Claims contained herein, and his fulfillment of the promises contained herein. 

e. 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 Releasees and hold 

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

agency as a result of the non-payment of taxes on any amounts paid to Plaintiff or his attorneys

under the terms of this Agreement. 

5. AFFIRMATION. Plaintiff affirms that, upon payment of the amounts set forth

herein, he 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 his

claims for overtime compensation against Defendants. Plaintiff further understands and

acknowledges that, except as specifically provided for in this Agreement, Plaintiff is not entitled 

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to any other payments for salary, severance, notice, vacations, holidays, sick leave, paid time off, 

compensatory time or other benefits of any kind or to any other form or kind of payment, allowance

or compensation, including but not limited to short-term and long-term disability insurance or

benefits and life insurance coverage. 

6. NO ADMISSION. Neither this Agreement nor the furnishing of the consideration 

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

the Defendants of any liability, unlawful conduct of any kind or violation by the Releasees. This

Agreement represents the compromise of disputed and contingent claims. 

7. OPPORTUNITY TO REVIEW. Plaintiff acknowledges he is aware he is giving

up all claims related to his engagement and alleged employment, including FLSA claims, he may

have against the Defendants. Plaintiff acknowledges he has been advised in writing to consult

with an attorney and has had the opportunity to seek legal advice before executing this Agreement.

In fact, Plaintiff acknowledges that he has consulted with his counsel of record, Zandro E. Palma,

P.A., prior to executing this Agreement. Plaintiff signs this Agreement voluntarily. 

8. WAIVER OF JURY TRIAL. Upon full execution of this Agreement, Court

approval of this Agreement, and payment of the Settlement Sum, Plaintiff and Defendants hereby

knowingly, voluntarily, and intentionally waive any right to a jury trial with respect to the claims

asserted in the above-referenced case. 

9. SEVERABILITY. Should any provision of this Agreement set forth herein 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 with respect

to Plaintiffs’ claims. 

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10. VENUE AND GOVERNING LAW. This Agreement shall be governed by the

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

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

District of Florida. 

11. LITIGATION OF DISPUTES/ATTORNEY’S FEES. In the event of a dispute

as to the execution, interpretation, enforcement, application or violation of this Agreement, it is

understood and agreed that the instant Court shall retain jurisdiction to resolve such dispute. In 

addition, the Parties specifically agree that the Court retain the right to award attorney’s fees in 

this action and the enforcement of this agreement. In any dispute, arbitration or litigation arising

out of this Agreement, and/or its execution, the prevailing party in such litigation shall be entitled

to recover reasonable attorney's fees and costs. These fees and costs shall be recoverable at both 

the trial and appellate levels. Any rights of injunctive relief shall be in addition to and not in

derogation or limitation of any other legal rights available to Plaintiffs. 

12. ENTIRE AGREEMENT AS TO CLAIMS. This Agreement sets forth the entire

agreement between Plaintiff and Defendants as to settlement of their employment based claims. 

Plaintiff acknowledges he has not relied on any representations, promises, or agreements of any

kind made to them in connection with his decision to sign this Agreement, except those set forth

in this Agreement. 

13. AMENDMENTS. This Agreement may not be amended, modified, altered, or

changed, except by a written agreement which is both signed by all parties and which makes

specific reference to this Agreement. The parties agree that this Agreement may be executed in

counterparts, each of which will be deemed an original, and all counterparts so executed shall

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constitute one agreement binding on the parties hereto, notwithstanding that all of the parties are

not signatory to the same counterpart. 

14. NEUTRAL REFERENCES. Defendants agree to only provide neutral references

in the event it shall be contacted by a prospective employer of Plaintiff. Said references shall be

limited to providing only dates of engagement/employment, position held and rate of pay. 

15. CONFIDENTIALITY AND NON-DISPARAGEMENT. Unless required by law to

do so, both Plaintiff and the Defendants and their respective counsel shall not disclose,

communicate, make public or publicize in any manner any problems, issues or concerns he/they

perceive that he/they may have had with the other party, their shareholders, members, managers, 

affiliates, attorneys, employees and representatives (past or present) or give any information or

make any statements which might tend to impugn, disparage, defame, discredit or detract from the

other party, their shareholders, members, managers, affiliates, attorneys, employees and

representatives (past or present). Such communication includes all social media, including, but

not limited to, Facebook, blogs, twitter, Instagram, or similar social media platforms. The parties

acknowledge and agree that this prohibition extends to statements, written or oral, made to anyone, 

including, but not limited to, the news media, social media, and vendors, and employees (past and 

present). 

This Agreement is also STRICTLY CONFIDENTIAL. Both parties and their counsel each 

agree that they will not disclose, publicize, or discuss any of the terms or conditions of this

Agreement with anyone, except their attorney, spouse, and/or accountant or as required under the

law, including if the Court requires the disclosure of this Agreement. In the event that either party,

or agent of either party discloses this Agreement or any of its terms or conditions to his or her

spouse, present domestic partner, attorney, and/or accountant, it shall be their duty to advise said

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individual(s) of the confidential nature of this Agreement; and direct them not to disclose,

publicize, or discuss any of the terms or conditions of this Agreement with anyone else. Moreover,

the parties agree that a breach of this Agreement will result in irreparable and continuing damage, 

for which there will be no adequate remedy at law. In the event of a breach of the confidentiality 

and non-disparagement provisions of this Agreement by either party, the aggrieved party in such 

event shall immediately be entitled to pursue any and all remedies they may have against the 

breaching party, including but not limited to, by specific performance, injunction, damages, or

such other remedies and relief as may be available, regardless of any contrary provision of this

Agreement. 

THE SIGNATORIES HAVE CAREFULLY READ THIS ENTIRE

SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS. THE PARTIES HAVE 

BEEN REPRESENTED BY COUNSEL THROUGHOUT THE NEGOTIATION OF THIS

AGREEMENT, AND HAVE CONSULTED WITH THEIR ATTORNEYS BEFORE

SIGNING THIS AGREEMENT. THE 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. 

HAVING ELECTED TO EXECUTE THIS SETTLEMENT AGREEMENT AND

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

RECEIVE THEREBY THE SETTLEMENT SUM AND BENEFITS SET FORTH IN

PARAGRAPH 4 ABOVE, PLAINTIFF FREELY AND KNOWINGLY AND AFTER DUE

CONSIDERATION ENTERS INTO THIS SETTLEMENT AGREEMENT AND 

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RELEASE OF CLAIMS INTENDING TO WAIVE, SETTLE AND RELEASE THE 

CLAIMS HE HAS OR MIGHT HAVE AGAINST DEFENDANTS. 

THE PARTIES ARE SIGNING THIS AGREEMENT VOLUNTARILY AND

KNOWINGLY. 

[SIGNATURES APPEAR ON FOLLOWING PAGE]

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Dated: July _____, 2020 HECTOR M. ROJAS, Plaintiff 

__________________________________

Dated: July _____, 2020 TASCA DE ESPANA, LLC, Defendant 

By: ______________________________

Dated: July _____, 2020 SHAHRUKH D. SARIARI, Defendant 

_____________________________________ 

07 / 08 / 2020

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07/0b t2020. \

Dated: JulY ,2020

Dated: July l0 , 2o2o ,

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HECTOR M. ROJAS, P]aintiff

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By:

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TASCA DE ESPANA, LLC, Defendant

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SHAHRUKH D. SARI$RI, Defendant

74100599.2

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Audit Trail

Title


File Name


Document ID


Audit Trail Date Format


Status

Settlement Agreement

ROJAS HECTOR - SE...-8-20) 070820.pdf

9b0c99e44b14736ae09c7b95cc40baafea8f880a

MM / DD / YYYY

Completed

07 / 08 / 2020

17:16:16 UTC-5

Sent for signature to Hector Rojas (hrojaspino@gmail.com)

from jfp@thepalmalawgroup.com

IP: 73.0.216.26

07 / 08 / 2020

21:10:29 UTC-5

Viewed by Hector Rojas (hrojaspino@gmail.com)

IP: 172.58.11.184

07 / 08 / 2020

21:16:28 UTC-5

Signed by Hector Rojas (hrojaspino@gmail.com)

IP: 172.58.11.184

07 / 08 / 2020 The document has been completed.

21:16:28 UTC-5

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