EXHIBIT “1”

Case 2:20-cv-14228-DMM Document 18-1 Entered on FLSD Docket 09/09/2020 Page 1 of 5
UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

CASE NO.: 2:20-cv-14228-DMM 

JOSE RIVERA, 

Plaintiff, 

V. 

AVIATION MANAGEMENT 

SALES, LLC, AVIATION MANAGEMENT 

& REP AIRS, INC., BRIAN HINKLE and 

MILDRED GARAY, 

Defendants. 

I --------------

SETTLEMENT AGREEMENT 

1. This Settlement Agreement (hereinafter referred to as "Agreement") covers all · 

understandings between Jose Rivera (hereinafter referred to as "Plaintiff'), on the one hand, and 

Aviation Management Sales, LLC, Aviation Management & Repairs, Inc., Brian Hinkle and 

Mildred Garay (hereinafter collectively referred to as "Defendants"), on the other hand. 

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

Plaintiff agrees as. follows: 

A. To voluntarily dismiss the above-styled action (hereinafter, the "Action"), with 

prejudice, including all claims and counterclaims that were or could have been 

included in this Action. 

B. Plaintiff understands that payment by Defendants pursuant to Paragraph 3 of this 

Agreement will not be released to Plaintiff until the voluntary dismissal with 

prejudice is filed, the case is dismissed with prejudice, and the Court approves this 

Agreement, if necessary. 

C. To agree and acknowledge that this settlement is the compromise of a disputed 

claim and 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 Plaintiffs 

rights or of any duty owed by Defendants to Plaintiff. 

Page 1 

Case 2:20-cv-14228-DMM Document 18-1 Entered on FLSD Docket 09/09/2020 Page 2 of 5
3. For and in consideration for the promises made by Plaintiff in Paragraph 2 of this 

Agreement, Defendants agree as follows: 

A. Defendants, jointly and severally, agrees to pay the total lump sum of $8,000.00 

("Agreed Sum") to Plaintiff and Plaintiffs counsel as damages, including unpaid 

wages and liquidated damages, attorney's fees and costs. Defendants' agreement 

to pay the Agreed Sum was not contingent upon any particular allocation of 

amounts between Plaintiff and his counsel for damages, attorney's fees and costs. 

B. In payment of the Agreed Sum, Defendants will issue three separate checks to 

Plaintiff and/or Plaintiffs counsel, as follows: (1) $766.04 to Plaintiff for alleged 

unpaid overtime wages, less legal withholdings, deductions and payroll taxes, to 

represent alleged back wages (a W-2 form will be issued to Plaintiff with respect 

to this amount); (2) $766.04 to Plaintiff for other alleged damages (a 1099 form 

will be issued to Plaintiff for this amount); and (3) $6,467.92 to Todd W. Shulby, 

P.A., for attorney's fees and costs related to this Action and Agreement (a 1099 for 

will be issued to Todd W. Shulby, P.A. (59-3773230) for this amount and will 

provide the relevant Tax Identification Number for this purpose). The foregoing 

amounts will be referred to herein as the "Settlement Proceeds." The Settlement 

Proceeds shall be delivered by Defendants to Plaintiffs counsel within five (5) days 

of the day the Court dismisses the action. 

C. To voluntarily dismiss the Action, with prejudice, including all claims and 

counterclaims that were or could have been raised in this action. 

4. Each Party has been advised to seek the advice of a Certified Public Accountant or 

other tax advisor to insure and review the Agreement and to advise each Party concerning how all 

of the terms and conditions set forth therein may affect their future tax liabilities. The Parties 

hereto hereby acknowledge and agree that each has had the opportunity to retain its, his or her own 

Certified Public Accountants, tax advisor or tax attorney with reference to the tax implications of 

this Agreement. Further, the Parties hereby acknowledge that that have not relied upon the tax 

implications of this Agreement. Further, the Parties acknowledge and agree that their signatures 

to this Agreement serve as the acknowledgment that they have read this particular paragraph and 

that they have had the opportunity to seek independent advice. All Parties acknowledge that its, 

his or her attorney provided them no tax advice and they have not relied on any representations of 

their lawyer in providing tax advice. 

5. In exchange for the consideration described herein, Plaintiff and Defendants release 

each other from any and all claims or demands they had, have, or may hereafter have (through the 

date of this Agreement) against each other based on any and all claims that may have against each 

other with respect to the hours worked by Plaintiff for Defendants, including claims Defendants 

may have concerning hours that Plaintiff did not work for Defendants but for which Plaintiff was 

paid by Defendants ( e.g. Defendants' counterclaim). This release of claims includes any rights or 

claims the parties may have under the Fair Labor Standards Act, 29 U.S.C. §201, et seq., and any 

claims which could have been or could be brought under any other federal, state or local laws, 

Page 2 

Case 2:20-cv-14228-DMM Document 18-1 Entered on FLSD Docket 09/09/2020 Page 3 of 5
ordinances, or regulations pertaining to wages, including claims for overpaid wages, unpaid wages, 

overtime wages or minimum wages, claims or rights under any state and federal legislation 

including, but not limited to, the Age Discrimination in Employment Act of 1967, as amended [29 

U.S.C. §§ 621 - 634], the Americans with Disabilities Act, as amended [42 U.S.C. §§ 12101 -

12213], the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended [Pub. L. 99-

509], the Employee Retirement Income Security Act of 1974, as amended [29 U.S.C. §§ 1001 -

1461], the Equal Pay Act, as amended [29 U.S.C. § 206(d)], the Fair Labor Standards Act, as 

amended [29 U.S.C. §§ 201 - 219], the Florida Minimum Wage Act [Fla. Stat. § 448.110], the 

Family and Medical Leave Act, as amended [29 U.S.C. §§ 2601 - 2654], the National Labor 

Relations Act, as amended [29 U.S.C. §§ 151 - 169], the Occupational Safety and Health Act, 

as amended [29 U.S.C. §§ 651 - 678], the Older Workers Benefit Protection Act, as amended, [as 

codified at 29 U.S.C. § 626(f)], Title VII of the Civil Rights Act of 1964, as 

amended [42 U.S.C. §§ 2000e - 2000e-17], 42 U.S.C. § 1981, the Florida Civil Rights Act of 

1992, as amended [§§ 760.01 - 760.13, Fla. Stat. (2007)], the Florida Whistle-Blower Act [§§ 

448.101 - 448.105, Fla. Stat. (2007)], Fla. Stat.§ 440.205, and any other claim of any kind related 

to Plaintiffs employment or rights flowing from his employment by Defendants. 

6. In the event that Plaintiff, Plaintiffs counsel, or Defendants commence 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 its reasonable attorney's fees and all costs 

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

any such action. This includes any action taken to collect or enforce payment of the Settlement 

Proceeds by Plaintiff or Plaintiffs counsel. The Parties agree that Todd W. Shulby, P.A. has an 

interest in the payment of the Settlement Proceeds and can maintain an action to collect any 

attorney's fees and costs owed to Todd W. Shulby, P.A. The Parties agree to request that the Court 

in this Action retain jurisdiction to enforce this Agreement. Except as otherwise set forth herein, 

any action to enforce this Agreement shall be brought in this Court, but if the Court does not retain 

jurisdiction over this Action, then the action will be brought in such other court as has jurisdiction. 

If this Court does not retain jurisdiction over this Action, the Parties consent to Broward County, 

Florida, for purposes of jurisdiction and venue, over any dispute or action concerning alleged 

unpaid Settlement Proceeds, including attorney's fees and/or costs. 

7. Plaintiff and Defendants agree that this 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. 

8. This Agreement supersedes all prior agreements and understandings between 

Plaintiff and Defendants and is the full and final understanding, agreement which includes all 

discussions between the parties. No cancellation, modification, amendment, deletion, addition, or 

other changes in the Agreement or any provision hereof or any right herein provided shall be 

effective for any purpose unless specifically set forth in a subsequent written agreement signed by' 

both Plaintiff and an authorized representative of Defendant. 

Page 3 

Case 2:20-cv-14228-DMM Document 18-1 Entered on FLSD Docket 09/09/2020 Page 4 of 5
9. With the exception of the requirement thatl)efendatrts pay the Settlement Proceeds : 

set forth herein, should any other provision of this Agreement be declared -0r determined by any 

court of comp.etentjl.lrisdiction tobe illegal, invalid, or unenforc.eable, the validity of the remaining ·· 

parts, tenns ot provisions shall not be affecte.d thereby and said illegal, invalid or unenforceable 

part, term or provision shall be qeemed not to be a part of the Agreement and all other valid · 

provisions shall .survive and continue. to bind the panies. 

10. The substantive law: gpveming this Agreement shall be that of the State ofFlorlda. . 

11. This Agreement may be executed in any number of counterparts, all together will • 

constitute the ·.:fu11y executed Agreement · ' ~-.,. 

12. Signatu,re.sto tpis, Agreement may be exchanged by.mail, facsimile orc,leetro,aically : 

( e.g. scanned PDF transmitted by e~mail). 

PLAINI'1FF:. DEFENDANTS: 

~lUVERA.····. . . .. . . . ( . . . 

B···.i.···,~ B~·;__ ~ 

Page4 

Case 2:20-cv-14228-DMM Document 18-1 Entered on FLSD Docket 09/09/2020 Page 5 of 5