Robert Henry Lehmuth - Page 4

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          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 to                       

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Last modified: May 25, 2011