THE BENDAU LAW FIRM, PLLC

Exhibit A

Case 2:15-cv-01873-SMM Document 60-1 Filed 06/08/18 Page 1 of 9
SETTLEMENT AGREEMENT AND RELEASE

This Settlement Agreement and Release (“Agreement”), is effective as of the date of 

the latest signature herein (the “Effective Date”), by and between Brent Hanke 

(“Hanke”) and Vino Pinot Dining, LLC d/b/a Salut Kitchen Bar, David Freedman, and

Anastasios Tirkas (collectively, “Defendants”) (collectively, the “Parties”).

RECITALS

A. Hanke worked for Defendants from approximately April 1, 2013, to 

approximately May 1, 2015. 

B. After the termination of Hanke’s employment from Defendants, a dispute 

arose between the Parties concerning the amount of Hanke’s compensation, 

namely whether he was properly paid minimum wage and overtime wages 

(the “Dispute”); 

C. On September 18, 2015, Hanke filed a Complaint in the United States 

District Court, District of Arizona, Case No. 2:15-CV-01873-SMM, 

regarding the Dispute (the “Litigation”). Hanke alleges violations of the 

Fair Labor Standards Act (“FLSA”) and the Arizona Wage Act (“AWA”);

D. Defendants deny the validity of Hanke’s claims and deny any liability to 

Hanke for unpaid wages, liquidated damages, attorneys’ fees, and costs; 

E. The Parties reached a settlement of the Dispute and Lawsuit, the material 

terms of which are set forth and incorporated herein. The Parties desire by 

this Agreement to fully, finally, absolutely and forever compromise and 

settle all of their respective claims against one another, including but not 

limited to all matters arising from the Dispute and Litigation, and all 

previous business dealings between the Parties, whether those claims are 

direct, indirect, absolute, contingent, liquidated or unliquidated. 

AGREEMENTS

NOW THEREFORE, in consideration of the mutual covenants contained herein and 

other valuable consideration, the receipt and adequacy of which are hereby 

acknowledged, it is hereby stipulated and agreed by and between the Parties as follows:

1. Recitals: The foregoing recitals are true, correct, and incorporated herein by 

reference as though set forth in full. 

2. Settlement Payment: Defendants will pay to Hanke and his counsel, The Bendau 

Law Firm PLLC, the total sum of THIRTY SEVEN THOUSAND & 00/100 dollars 

($37,000.00) (the “Settlement Amount”), consisting of $18,500 in alleged unpaid 

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wages and associated damages to Hanke and $18,500 in attorneys’ fees and costs 

to The Bendau Law Firm PLLC, payable in the following disbursements:

a. The sum of FIFTEEN THOUSAND & 00/100 dollars ($15,000.00) on 

or before June 14, 2018; and

b. The sum of ONE THOUSAND & 00/100 dollars ($1,000.00) on the 14th

of each month thereafter for twenty-two (22) consecutive months.

Each payment described above will be made in two separate checks: (1) a check made 

payable to Brent Hanke for half of the total amount, and (2) a check made payable to 

Bendau & Bendau, PLLC for half of the total amount. Each payment will be delivered 

to Bendau & Bendau, PLLC as counsel for Plaintiff, P.O. Box 97066, Phoenix, AZ 

85060. Payments will be held in trust pending the Court’s approval of the settlement.

3. Taxes: Defendants will furnish to Hanke and Plaintiff’s counsel (Bendau & Bendau, 

PLLC) IRS forms 1099-MISC each year that payments are made, and for the 

respective amounts paid in each year, and shall be delivered to Plaintiff’s counsel 

at the above listed address. The amounts the IRS form 1099-MISC in each year for 

both Hanke and Plaintiff’s counsel are as follows: 

2018: $10,500.00

2019: $6,000.00

2020: $2,000.00

4. Consent Judgment: In connection with this Agreement, Defendants will stipulate 

to a consent judgment in favor of Plaintiff and Plaintiff’s counsel in the amount of 

THIRTY SEVEN THOUSAND AND 00/100 dollars ($37,000.00). Plaintiff agrees

not to record, file, execute, or take any other action with the consent judgment 

unless the Defendants fail to timely make any of the payments referred to herein. If 

the Defendants fail to make a payment as required by paragraph 2 above, Plaintiff 

will first give Defendants notice and a ten (10) day opportunity to cure the default 

before filing the consent judgment with the court. The notice of default shall be 

sent via certified letter or email to:

Martin A. Bihn

BIHN & MCDANIEL, P.L.C

2600 N. Central Ave, Suite 1775

Phoenix, Arizona 85004

mbihn@phxlegal.com

5. Joint Motion for Approval: Upon execution of the Agreement, the parties will file 

a joint motion with the Court to approve this settlement, dismiss the lawsuit with 

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prejudice, and retain jurisdiction to enforce the terms of the Settlement Agreement 

if necessary.

6. Mutual Release: Upon payment in full of the Settlement Amount, the Parties, 

including their parents, subsidiaries, affiliates, officers, directors, principals, 

members, shareholders, agents, attorneys, trustees, representatives, employees, 

successors and assigns, and all other person(s) who may be said to have acted on 

behalf of any of them, will release, acquit and forever discharge one another, their 

parents, subsidiaries, affiliates, officers, directors, members, shareholders, agents, 

attorneys, trustees, representatives, employees, successors and assigns, and all other 

person(s) who may be said to have acted on behalf of any of them, from any and all 

claims, charges, demands, sums of money, actions, rights, causes of action, 

obligations and liabilities of any kind or nature whatsoever, at law or in equity, 

which either party may have had, claims to have had, now has, may claim to have, 

which concern in any way the Agreement or the Dispute or the Litigation, with the 

exception of claims to enforce this Settlement Agreement 

7. Covenant Not to Sue: Each party hereto promises to never commence, prosecute, 

or cause to be commenced or prosecuted any action or proceeding against any other 

party hereto based upon any claim, lawsuit, demand, cause of action, obligation, or 

liability covered by the release set forth in this Agreement, except for claims to 

enforce the terms of this Agreement. If any action is commenced or prosecuted in 

violation of this Agreement, the party commencing or prosecuting the action shall 

be liable for all damages sustained by the proposing party as a result of the action, 

including, but not limited to, all attorneys’ fees and costs incurred in defending the

action and during appeal. 

8. General Warranties and Representations: 

a. This Agreement is executed by the Parties without reliance upon any 

statement or representation by the Parties or persons herein released, or their attorneys 

or representatives, other than those set forth in this Agreement. Each person signing 

this Agreement represents and warrants that he or she has read this Agreement and 

understands the contents thereof. 

b. Each of the Parties hereto represents and warrants that investigation of 

all the facts pertaining to this Agreement have been made, and all the matters pertaining 

hereto, as each party deems necessary for the purpose of entering this Agreement.

c. Each of the Parties hereto represents and warrants that the execution and 

delivery of this Agreement and the consummation of the settlement contemplated 

hereby has been duly authorized by all necessary and appropriate corporate action and 

necessary approvals. 

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d. Each person signing this Agreement represents and warrants that he or

she has the right and full authority to sign on behalf of the party designated immediately 

above his or her signed name.

e. Each of the Parties hereto represents and warrants to the other party that 

none of them has heretofore assigned or transferred, or purported to assign or transfer, 

to any person or entity, any claims or rights as to any of the matters referenced herein, 

or any part or portion thereof.

9. Mutual Non-Disparagement. The Parties agree to refrain from any and all 

communications, oral or written, and regardless of truth or falsity, the intent of which 

is to: (i) disparage the other Party or its principals, members, agents or employees as to 

his, her or its business, professional or personal reputation, (ii) subject the other Party 

or its principals, members, agents, employees or attorneys to ridicule or public 

disapprobation, or (iii) interfere, except within the scope of any applicable privilege, 

with the existing or prospective business relationships of the other Party or its 

principals, members, agents or employees. The foregoing notwithstanding, the Parties 

shall not be precluded, by virtue of this Section, from giving truthful testimony or 

providing documentary evidence pursuant to subpoena or order of any court or 

administrative body, in any civil, criminal or administrative proceeding or

investigation. In the event that a third party (e.g., prospective employer or lender) 

should contact Defendants, Defendants agree to disclose only Hanke’s dates of 

employment and position(s) held.

10. Confidentiality. The Parties agree that their negotiations leading to this Agreement 

and the contents of this Agreement are strictly confidential. The Parties further agree 

that, without the prior written consent of the other Party, no Party hereto shall disclose 

to any non-party any information relating to the terms of the settlement reflected herein; 

provided, however, that notwithstanding the foregoing, each Party may confidentially 

disclose the existence and terms of this Agreement to its beneficiaries for purposes of 

fulfilling this Agreement after the death of one of the parties, representatives, 

consultants, accountants, attorneys, insurers, and financial institutions/lenders if 

deemed reasonably necessary and/or appropriate for the performance of any such 

individual’s or entity’s work for or on behalf of any Party, and pursuant to a court order 

to do so. If the parties are asked about the disposition of claims, complaints, or lawsuits 

against each other, they may only state, “the matter has been resolved.” 

11. Miscellaneous 

a. No Admission of Liability: Each of the Parties hereto agrees that this 

Agreement is a compromise relating to the disputes between them and shall never be 

treated as an admission of liability of any party hereto for any purpose, and that liability 

therefore is expressly denied by each of the parties. 

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b. Governing Law: This Agreement is executed and intended to be 

performed in the State of Arizona, and the laws of Arizona shall govern its 

interpretation and effect. Any action to enforce this Agreement shall be brought before 

a court of proper jurisdiction located in Maricopa County, Arizona.

c. Entire Agreement: This Agreement contains the entire agreement of the 

Parties with respect to the subject matter of this Agreement, and each party 

acknowledges there were no other agreements, representations, warranties, or 

statements of fact made prior to or at the time of signing of this Agreement that are not 

set forth herein. No representations or modifications of this Agreement shall be of force 

and effect unless set forth in writing and signed by both Parties hereto.

d. No Waiver: No action or lack of action on the part of any party hereto 

at any time to execute any rights or remedies conferred upon it under this Agreement

shall be, or shall be asserted to be, a waiver of any of its rights or remedies hereunder.

e. Attorneys’ Fees: In the event of a dispute between the Parties arising 

out of this Agreement, the prevailing party shall be allowed reasonable attorneys’ fees 

and costs incurred in any negotiations, mediation, arbitration, litigation, or any appeal 

therefrom.

f. Captions and Pronouns: All pronouns and variations thereof shall be 

deemed to refer to the masculine, feminine, or neuter, and to the singular or plural, as 

the identity of the person may require. Captions or paragraph titles are used in this 

Agreement for convenience or reference, and in no way define, limit, extend, or 

describe the scope or intent of this Agreement or any of its provisions.

g. Successors and Assigns: This Agreement shall be binding and inure to 

the benefit of the parties hereto, their predecessors, parents, subsidiary and affiliated 

corporations, all officers, directors, shareholders, agents, employees, insurance carriers, 

attorneys, assigns, successors, heirs, executors, administrators, and legal 

representatives of whatsoever kind of character in privity therewith.

h. Counterparts: This Agreement may be executed in counterparts, one or 

more of which may be facsimiles, but all of which shall constitute one and the same 

Agreement. Electronic or facsimile signatures of this Agreement shall be accepted by 

the Parties to this Agreement as valid and binding in lieu of original signatures.

i. Agreement as a Complete Defense to Any Claim: The Parties agree 

and acknowledge that this Agreement may be pleaded as a full and complete defense 

to any action, claim, suit, or any other proceeding which may be hereafter instituted, 

prosecuted, or attempted and which is covered by any of the releases in this Agreement.

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j. Time for Performance: The Parties understand and agree that the time 

is of the essence with respect to each and every act required by this Agreement. Failure 

to perform any provision hereof in strict accordance with the Agreement shall be 

deemed a material breach of the Agreement.

12. Understanding of Agreement: Each of the Parties hereto acknowledges that they 

have fully read the contents of this Agreement and that they have had the opportunity 

to obtain the advice of counsel of their choice, and that they have full, complete, and 

total comprehension of the provisions hereof and are in full agreement with each and 

every one of our terms, conditions, and provisions of this Agreement. As such, the 

Parties hereby waive any and all the rules of contract or rights that may apply a more 

favorable interpretation of the terms, conditions, or provisions hereof to one or more 

parties, including the rule of construction that ambiguities are to be resolved against the 

drafter of this Agreement. For the purposes of this instrument, the Parties agree that 

ambiguities, if any, are to be resolved in the same manner as would have been the case 

had this instrument been jointly conceived and drafted. 

IN WITNESS WHEREOF, each of the Parties has executed this Agreement 

on the date and year written above. 

 

VINO PINOT DINING, LLC 

By: Date: 

Its: 

________________________________ Date:________________________ 

David Freedman 

________________________________ Date:________________________ 

Anastasios Tirkas 

________________________________ Date:________________________ 

Brent Hanke 

06/04/18

Case 2:15-cv-01873-SMM Document 60-1 Filed 06/08/18 Page 7 of 9
TJNLHUI6B5VYN37VDMZFJY

Brent Hanke

Party ID: EEXTY3IY2JKPV8PBJURDXR

IP Address: 24.251.178.165

VERIFIED EMAIL: bdhanke@asu.edu

Multi-Factor

Digital Fingerprint Checksum 560f4ea764befbb55e115b72a3a11add6860e5ef

Timestamp Audit

2018-06-04 17:58:39 -0700 All parties have signed document. Signed copies sent to: Cliff Bendau and

Brent Hanke.

2018-06-04 17:58:38 -0700 Document signed by Brent Hanke (bdhanke@asu.edu) with drawn signature. -

24.251.178.165

2018-06-04 17:58:37 -0700 Brent Hanke verified email address 'bdhanke@asu.edu'. - 24.251.178.165

2018-06-04 17:58:15 -0700 Generated Document from Online Form HANKE SETTLEMENT AGREEMENT DRAFT 2;

5-18-18 (HANKE-SETTLEMENT--168279). - 24.251.178.165

2018-06-04 17:55:54 -0700 Online Form viewed by Brent Hanke (bdhanke@asu.edu). - 24.251.178.165

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