- 3 - earned wages. Petitioner was represented by James S. Davis (Mr. Davis). The class potentially involved at least 17 individuals who had been employed as lab managers by Kits. Before the class action lawsuit was certified, Kits settled with two of the lab managers, petitioner and Ernesto Sanchez (Mr. Sanchez), both of whom were represented by Mr. Davis. At the time of the settlement, Mr. Davis also represented former store managers employed by Kits in a similar but separate lawsuit pending against Kits (the store manager case). The settlement agreement did not preclude Mr. Davis from continuing his representation of the store managers. The settlement agreement did require petitioner and Mr. Sanchez to release all of their claims against Kits. In a paragraph captioned “RELEASE OF ALL CLAIMS AND LIABILITIES”, the settlement agreement provides in part: the Plaintiffs * * * hereby irrevocably and unconditionally release, acquit and forever discharge Defendants * * * from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts and expenses * * * of any nature whatsoever * * *. In a paragraph captioned “CASH PAYMENT”, the settlement agreement provides in part: Upon performance of all other terms of the settlement, payment will be made to Plaintiffs by way of check, payable to the “James S. Davis Client Trust Account” in the amount of Forty-five Thousand Dollars ($45,000); of this amount Plaintiff Robert Lehmuths [sic] is to receive $15,000, Plaintiff Ernesto Sanchez is toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011