THE BENDAU LAW FIRM, PLLC

CLIFFORD P. BENDAU, II, ATTORNEY

Licensed in Arizona and Ohio

P.O. Box 97066

Phoenix, AZ 85060

[AZ] (480) 382-5176

[OH] (216) 395-4226

[FAX] (602) 956-1409

cliffordbendau@bendaulaw.com

www.bendaulaw.com

Exhibit A

Case 2:15-cv-02158-SMM Document 30-1 Filed 07/28/16 Page 1 of 17
SETTLEMENT AGREEMENT AND RELEASE

This Settlement Agreement and Release (this “Agreement”) is entered into as of April __, 2016

(the “Effective Date”), by and between Chalak-MMT PV, LLC (“MMT PV” and Troy Horning

(“Horning” and together with MMT PV, “Chalak”), and Christian Collins (“Collins”). Together, Chalak

and Collins shall be referred to as the “Parties”.

 

WHEREAS, in October 2015, Collins filed the Complaint against Chalak in the United Stated 

District Court of the District of Arizona (the “Lawsuit”); and

WHEREAS, Collins and Chalak desire to finally and fully settle all disputes between the Parties 

relating to the Lawsuit.

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which 

is hereby acknowledged, the Parties, intending legally to be bound, agree as follows:

 

1. Payment by Chalak. Chalak will pay Collins the total sum of sixteen thousand nine hundred six

dollars and seventy four cents (US $16,906.74) (the “Settlement Payment”) as provided herein. The 

Settlement Payment shall be paid as follows: (a) $6,906.74 of which shall be paid by check or wire 

transfer within ten (10) business days of the Effective Date, and (b) $10,000 of which shall be paid in five 

equal monthly installments beginning on June 1, 2016 (such period of time is referred to herein as the 

“Settlement Payment Period”). MMT PV and Horning are jointly and severally liable to pay the 

Settlement Payment as set forth herein.

 

The Parties acknowledge and agree that they are solely responsible for paying any attorneys’ fees 

and costs they incurred and that neither Party nor its attorney(s) will seek any award of attorneys’ fees or 

costs from the other Party, except as provided herein.

 

2. Taxes. Collins shall be solely responsible for, and is legally bound to make payment of, any 

taxes determined to be due and owing (including penalties and interest related thereto) by it to any 

federal, state, local, or regional taxing authority as a result of the Settlement Payment. Collins understands 

that Chalak has not made, and it does not rely upon, any representations regarding the tax treatment of the 

sums paid pursuant to this Agreement. Moreover, Collins agrees to indemnify and hold Chalak harmless 

in the event that any governmental taxing authority asserts against Chalak any claim for unpaid taxes, 

failure to withhold taxes, penalties, or interest based upon the payment of the Settlement Payment.

 

3. Mutual Release. The Parties, on behalf of themselves, their predecessors, successors, direct and 

indirect parent companies, direct and indirect subsidiary companies, companies under common control 

with any of the foregoing, affiliates and assigns, and its and their past, present, and future officers, 

directors, equityholders, interest holders, members, partners, attorneys, agents, employees, managers, 

representatives, assigns, and successors in interest, and all persons acting by, through, under, or in concert 

with them, and each of them, hereby release and discharge the other Party, together with their 

predecessors, successors, direct and indirect parent companies, direct and indirect subsidiary companies, 

companies under common control with any of the foregoing, affiliates and assigns and its and their past, 

present, and future officers, directors, shareholders, interest holders, members, partners, attorneys, agents, 

employees, managers, representatives, assigns and successors in interest, and all persons acting by, 

through, under or in concert with them, and each of them, from all known and unknown charges, 

complaints, claims, grievances, liabilities, obligations, promises, agreements, controversies, damages, 

actions, causes of action, suits, rights, demands, costs, losses, debts, penalties, fees, wages, costs, pain and 

suffering, mental anguish, emotional distress, expenses (including attorneys’ fees and costs actually 

13

Case 2:15-cv-02158-SMM Document 30-1 Filed 07/28/16 Page 2 of 17
incurred), and punitive damages, of any nature whatsoever, known or unknown, which either Party has, or 

may have had, against the other Party, whether or not apparent or yet to be discovered, or which may 

hereafter develop, in any way relating to the Lawsuit or Collins’ employment with Chalak. 

This Agreement resolves any claim for relief that could have been alleged, no matter how 

characterized, including, without limitation, compensatory damages, damages for breach of contract, bad 

faith damages, reliance damages, liquidated damages, damages for humiliation and embarrassment, 

punitive damages, costs and attorneys’ fees related.

4. Withdrawal of Lawsuit. Collins and his counsel shall take whatever actions are necessary to 

ensure that the Lawsuit and any claims relating thereto are withdrawn in their entirety as soon as possible 

following the Effective Date. 

5. Remedies upon Default. Should Chalak fail to make said payment by any due date as set forth 

herein, Collins shall provide written notice by sending written notice of default to Chalak, 18900 Dallas 

Parkway, Suite 125, Dallas, Texas, 75287, Attn: General Counsel, with copies to 

Christina.Marshall@chalakmitragroup.com and al@chalakmitragroup.com. If the default is not cured 

within five (5) business days of such written notice, the entire amount due and owing, less any payments 

made to date, shall become immediately due, and Collins shall immediately be permitted to file for a

confession of judgment in the amount of the Settlement Payment less any amounts already paid pursuant 

to this Agreement. In addition, Collins shall be entitled to and shall be paid by Chalak all attorney’s fees 

and costs that arise out of any and all of Collins’ efforts to provide notice of default under this Agreement

and any collection efforts thereafter. 

 

6. Confidentiality of Agreement. Collins agrees that, during the Settlement Payment Period, he 

will not divulge, communicate, or otherwise disclose, directly or indirectly, to any person or entity, either: 

(a) the existence or terms of this Agreement; or (b) the Agreement’s negotiation, execution, or 

implementation. The Parties agree that nothing in this paragraph prohibits Collins from disclosing the 

terms of this Agreement to Collins’ attorneys, accountants, spouse, or any government entity or agency as 

may be required by law. 

7. Entire Agreement; Amendment. The recitals set forth at the beginning of this Agreement are 

incorporated by reference and made a part of this Agreement. This Agreement constitutes the entire 

agreement and understanding of the Parties and supersedes all prior negotiations and/or agreements, 

proposed or otherwise, written or oral, concerning the subject matter hereof. Furthermore, no 

modification of this Agreement shall be binding unless in writing and signed by each of the parties hereto.

 

8. Counterparts. This Agreement may be executed by the Parties in counterparts, each of which 

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

 

******

 

Case 2:15-cv-02158-SMM Document 30-1 Filed 07/28/16 Page 3 of 17
IN WITNESS WHEREOF, and intending to be legally bound, each of the Parties hereto has 

caused this Agreement to be executed as of the Effective Date.

CHALAK-MMT PV, LLC

By: ___________________________________________ 

Name: 

Title:

By: ___________________________________________ 

Name: TROY HORNING

By: ___________________________________________ 

Name: CHRISTIAN COLLINS

Case 2:15-cv-02158-SMM Document 30-1 Filed 07/28/16 Page 4 of 17
PNDCTHJUP4NV2PG3B4IHYF

Christian collins

Party ID: NL3S5CIXU3B9KYWR9HKD8F

IP Address: 172.58.16.150

VERIFIED EMAIL: christian88collins@gmail.com

Multi-Factor

Digital Fingerprint Checksum af23749fbd104fff06bedc0625ef67bf2b51d7b7

Timestamp Audit

2016-04-13 14:31:08 -0700 All parties have signed document. Signed copies sent to: Cliff Bendau and

Christian collins.

2016-04-13 14:31:08 -0700 Document signed by Christian collins (christian88collins@gmail.com) with

drawn signature. - 172.58.16.150

2016-04-13 14:31:07 -0700 Christian collins verified email address 'christian88collins@gmail.com'. -

172.58.16.150

2016-04-13 14:30:27 -0700 Generated Document from Online Form SettlementAgreement FINAL Collins

(SettlementAgreeme-993696). - 172.58.16.150

2016-04-13 14:19:26 -0700 Online Form viewed by Christian collins (christian88collins@gmail.com). -

172.58.16.150

Page 1 of 1

Case 2:15-cv-02158-SMM Document 30-1 Filed 07/28/16 Page 5 of 17
Case 2:15-cv-02158-SMM Document 30-1 Filed 07/28/16 Page 6 of 17
Case 2:15-cv-02158-SMM Document 30-1 Filed 07/28/16 Page 7 of 17
Case 2:15-cv-02158-SMM Document 30-1 Filed 07/28/16 Page 8 of 17
Case 2:15-cv-02158-SMM Document 30-1 Filed 07/28/16 Page 9 of 17
Case 2:15-cv-02158-SMM Document 30-1 Filed 07/28/16 Page 10 of 17
Case 2:15-cv-02158-SMM Document 30-1 Filed 07/28/16 Page 11 of 17
ADDENDUM TO SETTLEMENT AGREEMENT AND RELEASE

This Addendum to Settlement Agreement and Release (“Addendum”) is entered into as 

of June ___, 2016 (the “Effective Addendum Date”), by and between Chalak-MMT PV, LLC

(“MMT PV”) and Troy Horning (“Horning” and together with MMT PV, “Chalak”), and 

Christian Collins (“Collins”). Together, Chalak and Collins shall be referred to as the “Parties.” 

In executing this Addendum, the Parties desire not to change or modify any material terms to the 

original Settlement Agreement and Release (“Agreement”) of April 13, 2016 but rather to 

Clarify portions of the Agreement in order for the Federal District Court for the District of 

Arizona to approve of the Agreement and Addendum and dismiss Case No. 2:15-cv-2158-SMM 

with prejudice.

WHEREAS, in May 2015, Collins initiated a demand against Chalak for unpaid wages 

under the Federal Fair Labor Standards Act (“FLSA”), the Parties had discussions, and were 

unable to resolve the dispute without litigation;

WHEREAS, in October 2015, Collins filed the Complaint against Chalak in the United 

Stated District Court of the District of Arizona (the “Lawsuit”); and

WHEREAS, Collins and Chalak desire to finally and fully settle all disputes between the 

Parties relating to the Lawsuit.

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency 

of which is hereby acknowledged, the Parties, intending legally to be bound and to have the terms 

of this Addendum incorporated into the original Agreement, agree as follows:

1. Payment by Chalak. Chalak will pay Collins the total sum of sixteen thousand nine 

hundred six dollars and seventy four cents (US $16,906.74) (the “Settlement Payment”) as 

provided herein. The Settlement Payment shall be paid in six separate payments, as follows: 

(a) $6,906.74 of the Settlement Payment shall be paid by check or wire transfer 

within ten (10) business days of the Effective Date. $4,000.00 of this amount 

shall be allocated to Collins and represent all allegedly owed to Collins as 

unpaid wages and liquidated damages. The remaining $2,906.74 shall be 

allocated to The Bendau Law Firm PLLC and represent the first payment of 

attorney fees ($2,000) and costs ($906.74) owed to Counsel for Collins; and

(b) the remaining $10,000 of the Settlement Payment shall be allocated to The 

Bendau Law Firm PLLC entirely as attorney fees owed to Counsel for Collins 

and shall be paid in five equal monthly installments beginning on June 1, 

2016 (such period of time is referred to herein as the “Settlement Payment 

Period”). MMT PV and Horning are jointly and severally liable to pay the 

Settlement Payment as set forth herein.

 

The Parties acknowledge and agree that they are solely responsible for paying any 

attorneys’ fees and costs they incurred and that neither Party nor its attorney(s) will seek any 

award of attorneys’ fees or costs from the other Party, except as provided herein.

10

Case 2:15-cv-02158-SMM Document 30-1 Filed 07/28/16 Page 12 of 17
IN WITNESS WHEREOF, and intending to be legally bound, each of the Parties hereto 

has caused this Addendum to be executed as of the Effective Date.

CHALAK-MMT PV, LLC

By: ___________________________________________ 

Name: 

Title:

By: ___________________________________________ 

Name: TROY HORNING

By: ___________________________________________ 

Name: CHRISTIAN COLLINS

Case 2:15-cv-02158-SMM Document 30-1 Filed 07/28/16 Page 13 of 17
57BH6KJS3J4GXJWNZRWXGU

Chris collins

Party ID: CPCCERJZFJJ6AN6UXK7M68

IP Address: 172.56.16.156

VERIFIED EMAIL: christian88collins@gmail.com

Multi-Factor

Digital Fingerprint Checksum 253915a6c1cdc319d6b746b1252d9f1c6870e462

Timestamp Audit

2016-06-10 13:02:26 -0700 All parties have signed document. Signed copies sent to: Cliff Bendau and

Chris collins.

2016-06-10 13:02:25 -0700 Document signed by Chris collins (christian88collins@gmail.com) with drawn

signature. - 172.56.16.156

2016-06-10 13:02:24 -0700 Chris collins verified email address 'christian88collins@gmail.com'. -

172.56.16.156

2016-06-10 13:00:45 -0700 Generated Document from Online Form 060116AddendumSettlementAgreementCollins

(060116AddendumSet-a22cab). - 172.56.16.156

2016-06-10 12:56:34 -0700 Online Form viewed by Chris collins (christian88collins@gmail.com). -

172.56.16.156

Page 1 of 1

Case 2:15-cv-02158-SMM Document 30-1 Filed 07/28/16 Page 14 of 17
Case 2:15-cv-02158-SMM Document 30-1 Filed 07/28/16 Page 15 of 17
Case 2:15-cv-02158-SMM Document 30-1 Filed 07/28/16 Page 16 of 17
Case 2:15-cv-02158-SMM Document 30-1 Filed 07/28/16 Page 17 of 17