Download:
pdf |
pdfEXECUTION COPY
SETTLEMENT AGREEMENT AND RELEASE
I.
PREAMBLE
This Settlement Agreement and Release (the “Agreement”) is entered into by and among the
individuals and entities defined below as “Plaintiffs” and the individuals and entities defined below as
“Defendants” (collectively, the “Parties”).
This Agreement is intended by the Parties to fully, finally, and forever resolve, discharge, and
settle the claims at issue in this Litigation (as that term is defined below), upon and subject to the terms
and conditions of this Agreement.
II.
DEFINITIONS
For purposes of this Agreement, including the Preamble above, the following terms have the
following meanings:
1.
“AFT” means the American Federation of Teachers AFL-CIO.
2.
“Agreement” means this Settlement Agreement and Release.
3.
“Borrower” means any individual who has an outstanding loan under the William D.
Ford Federal Direct Loan Program established under Title IV, Part D of the Higher
Education Act of 1965, as amended (20 U.S.C. § 1087a et seq.), to pay for college or
career school.
4.
“Court” means the United States District Court for the District of Columbia where the
Litigation is pending.
5.
“COVID Forbearance” refers to the automatic payment suspension on certain federal
student loans originally provided by the Coronavirus Aid, Relief, and Economic
Security Act, Pub. L. No. 116-136 (2020), and extended by action of the Department
of Education and in effect from March 13, 2020 to January 31, 2022.
6.
“Day” or “Days” refers to calendar days, unless otherwise specified.
7.
“Defendants” means Miguel Cardona, in his official capacity as Secretary of Education,
and the Department.
8.
“Department” means the United States Department of Education.
9.
“Direct Loans” means loans made pursuant to the William D. Ford Federal Direct Loan
Program, codified under 20 U.S.C. § 1087a-j.
10.
“Execution” means the signing of this Agreement by all signatories hereto.
1
EXECUTION COPY
III.
11.
“Individual Plaintiffs” means Cynthia Miller, Anastasiya Savenkova, Deborah Baker,
Janelle Menzel, Kelly Finlaw, Michael Giambona, Andre Lorincz, and Peter Huk.
12.
“Litigation” means the civil action captioned Weingarten v. Cardona, 19-cv-02056DLF, pending in the United States District Court for the District of Columbia.
13.
“Negotiated Rulemaking Process on PSLF” refers to the negotiated rulemaking process
concerning PSLF as announced by the Department on August 10, 2021, 86 Fed. Reg.
43,609 (Aug. 10, 2021).
14.
“Parties” means, collectively, the Plaintiffs and the Defendants, and “Party” means
any one of them.
15.
“Person” or “Persons” means an individual or legal entity, including, without
limitation, natural persons, firms, corporations, limited liability companies, joint
ventures, joint stock companies, unincorporated organizations, agencies, bodies,
associations, partnerships, limited liability partnerships, trusts, and their predecessors,
successors, administrators, executors, heirs, and/or assigns.
16.
“Plaintiffs” means the Individual Plaintiffs, AFT, and Randi Weingarten in her official
capacity as President of AFT.
17.
“PSLF” means the Public Service Loan Forgiveness Program established under
Section 455(m) of the Higher Education Act of 1965, as amended and codified at 20
U.S.C. § 1087e(m)).
18.
“Qualifying Employment” means employment with a “public service organization” as
defined in 34 C.F.R. § 685.219(a) (“public service organization”) as in effect at the
time this Agreement is executed.
19.
“Qualifying Payment” means a payment made in accordance with the requirements of
34 C.F.R. § 685.219(c)(iv) as in effect at the time this Agreement is executed.
20.
“TEPSLF” means the Temporary Expanded Public Service Loan Forgiveness Program
originally created by Congress in 2018 as part of the Consolidated Appropriations Act
of 2018, Pub. L. No. 115-141, 132 Stat. 424, Div. H, tit. III, § 315 (2018).
RECITALS
WHEREAS, on July 11, 2019, AFT, Randi Weingarten, Deborah Baker, Cynthia Miller, Janelle
Menzel, Gloria Nolan, Kelly Finlaw, Crystal Adams, Michael Giambona, and Connie Wakefield
brought an action in the United States District Court for the District of Columbia, alleging (among other
things) that the Department violated the United States Constitution and the Administrative Procedure
Act in its administration of PSLF and TEPSLF (Dkt. 1); and
WHEREAS, after dismissal of parts of the original complaint, on December 14, 2020, Plaintiffs
filed an Amended Complaint in the United States District Court for the District of Columbia, alleging
(among other things) that the Department violated the United States Constitution and the
Administrative Procedure Act in its administration of PSLF and TEPSLF (Dkt. 41); and
2
EXECUTION COPY
WHEREAS, the Parties and their counsel have agreed to resolve and settle this matter
according to the terms of this Agreement; and
WHEREAS, the Parties believe that this Agreement is fair, reasonable, and adequate in its
resolution of the claims being released by the Plaintiffs; and
NOW, THEREFORE, without (i) any admission or concession on the part of Plaintiffs of the
lack of merit of the Litigation whatsoever or (ii) any admission or concession of liability or wrongdoing
or the lack of merit of any defense whatsoever by Defendants, the Parties agree that, in reliance upon
and subject to the representations, mutual promises, covenants, releases, and obligations set forth in
this Agreement, and for good and valuable consideration, the Litigation will be settled, compromised,
and dismissed with prejudice upon the terms and conditions set forth below.
IV.
DEFENDANTS’ CONSIDERATION
In consideration for the promises undertaken by Plaintiffs as set forth in this Agreement,
Defendants agree as follows:
A.
Borrower Outreach and Application Review
1.
Within 90 days of the Execution of this Agreement, the Department will notify
by email groups of Borrowers who may be eligible for PSLF or TEPSLF to
inform them that they may qualify for loan forgiveness under PSLF or TEPSLF
if they submit additional documentation. The notification will inform the
Borrower how to submit proof of Qualifying Employment to the Department.
The Department will also publicly announce this effort on its relevant websites
and social media accounts.
1.1
2.
The categories of Borrowers to receive this notice will include
Borrowers who:
a.
Have at least one open Direct Loan;
b.
Have a PSLF application that was rejected because of lack of
Qualifying Payments; and
c.
Have been in repayment on a Direct Loan for at least nine years;
or
d.
Borrowers who were previously denied TEPSLF for failure to
meet requirements related to the amount of their final payments
but now meet those requirements due to the COVID
Forbearance.
Within 90 days of the Execution of this Agreement, the Department will begin
reviewing applications for PSLF and TEPSLF that were denied prior to
November 1, 2020 for PSLF and TEPSLF eligibility. The Department’s review
will be limited to those who have 10 years of repayment on a Direct Loan as of
3
EXECUTION COPY
the Execution of this Agreement. The Department’s review will start with those
who have been in repayment on Direct Loans the longest and work toward those
who have been in repayment for the least amount of time. The Department
provides no guarantees regarding the length of time dedicated to its review.
3.
B.
After conducting the review described in Section IV(A)(2), and upon reaching
a final decision on that review, the Department will provide notice by email to
each Borrower of the status of his or her application. If the application is denied
by the Department, the notice will inform the Borrower of:
3.1
A brief statement of the reason for the denial;
3.2
The number of payments the Borrower has remaining to achieve PSLF
or TEPSLF relief;
3.3
Whom the Borrower should contact to determine how the Borrower
might achieve the 120-month requirement;
3.4
The process by which the Borrower may obtain reconsideration as
discussed in Section IV(B); and
3.5
How borrowers may obtain information from their online account about
whether each particular payment made on their account met the
conditions to be Qualifying Payments.
4.
The notice of denial of an application for loan forgiveness pursuant to the review
described in Section IV(A)(2)-(3) will constitute a final decision under the
Administrative Procedure Act.
5.
The notices described in Section IV(A)(1) and (3) may be supplanted by relevant
regulations resulting from the Negotiated Rulemaking Process on PSLF. Such
an event would not constitute an amendment of, or breach of, or otherwise be
cause to void this Agreement or any part thereof.
Reconsideration Process
1.
As soon as practicable but no later than April 30, 2022, the Department will
establish an interim reconsideration process that will be available to any
Borrower whose application for PSLF or TEPSLF has been or is denied.
2.
Any Borrower who wants to have his or her status with respect to achieving
PSLF/TEPSLF relief (including the calculation and identification of Qualifying
Payments or months of Qualifying Employment) reviewed by the Department
will receive reconsideration through the interim reconsideration process upon
request.
3.
The interim reconsideration process will be directly managed by an appropriate
Department official.
4
EXECUTION COPY
C.
V.
4.
The terms of the interim reconsideration process described in this Section will
be public and clearly communicated to Borrowers no later than January 31,
2022.
5.
Borrowers will be permitted to provide any evidence they wish to provide in
support of their reconsideration request.
6.
If the reconsideration does not result in approval of the Borrower’s application
for PSLF or TEPSLF relief, the Borrower will receive notice by email of the
reasons for denial, as described above in Section IV(A)(3).
7.
The interim reconsideration process described in this Section may be supplanted
by relevant regulations resulting from the Negotiated Rulemaking Process on
PSLF. Such an event would not constitute an amendment of, or breach of, or
otherwise be cause to void this Agreement or any part thereof.
Individual Plaintiffs
1.
The Department will discharge the remaining balance of the Individual
Plaintiffs’ loans at issue in the Amended Complaint by January 31, 2022.
2.
The discharge of the Individual Plaintiffs’ remaining balances in Section IV.C.1
will not include a refund of any overpayments made on the loans at issue in the
Amended Complaint. The Individual Plaintiffs agree not to seek refunds of any
overpayments made on the loans at issue in the Amended Complaint from the
Department.
3.
The discharge will be done in a manner that will not result in income for the
Individual Plaintiffs for Federal tax purposes. See American Rescue Plan Act
of 2021, P.L. 117-2, § 9675.
4.
If the Department fails to discharge the Individual Plaintiffs’ loans at issue in
the Amended Complaint by January 31, 2022, the Individual Plaintiffs may
enforce the terms of Section IV.C.1 only as set forth in Section VIII.B below.
FEES & COSTS
The Parties will bear their own fees and costs. In exchange for the commitments set forth
above, Plaintiffs agree to dismiss the Litigation with prejudice after Execution of this Agreement, as
provided in Section VIII.A below.
VI.
WAIVER AND RELEASE
Upon the execution of this Agreement, Plaintiffs, and their heirs, administrators,
representatives, attorneys, successors, and assigns, and each of them hereby forever waive, release, and
forever discharge Defendants, and their successors, the United States of America, and any department,
agency, or establishment of the United States, and any officers, employees, and agents, successors, or
assigns of such department, agency, or establishment, from, and are forever barred and precluded from
5
EXECUTION COPY
prosecuting, any and all claims, causes of action, motions, and requests for any injunctive, declaratory,
and/or monetary relief, including but not limited to damages, tax payments, debt relief, costs, attorney’s
fees, expenses, and/or interest, whether presently known or unknown, contingent or liquidated, alleged
in this Litigation against Defendants through and including the Execution of this Agreement, including
but not limited to the right to appeal any and all claims Plaintiffs asserted in this Litigation. This
Agreement is not intended to release any claim based on an act or omission or other conduct occurring
after the Execution of this Agreement. The Parties do not intend to waive or narrow any res judicata
defense Defendants could assert against a future claim brought by any Plaintiff.
VII.
NO ADMISSION OF LIABILITY
This Agreement, whether it becomes final or not, does not constitute, nor will it be construed
to constitute, an admission of any wrongdoing or liability by Defendants, an admission by Defendants
of the truth of any allegation or the validity of any claim asserted in this Litigation, a concession or
admission by Defendants of any fault or omission of any act or failure to act, or an admission by
Defendants that the consideration provided to Plaintiffs under this Agreement represents relief that
could be recovered by Plaintiffs in this Litigation.
VIII.
DISMISSAL AND ENFORCEMENT
A.
Dismissal
Within two (2) days of the Execution of this Agreement, Plaintiffs will dismiss the
Litigation against Defendants with prejudice, pursuant to Federal Rule of Civil Procedure
41(a)(1)(A)(ii), by filing the Stipulation of Dismissal attached hereto as Exhibit A.
B.
Enforcement
Plaintiffs may not offer, proffer, or refer to any of the terms of this Agreement as
evidence in any civil, criminal, or administrative proceedings, except as set forth below:
1.
The Parties jointly seek only limited retention of jurisdiction of the Court
following dismissal of the Action with respect to enforcement of this
Agreement. The Court shall retain jurisdiction only to enforce the terms set
forth in Section IV.C.1, and only in the manner explicitly provided in this
Section VIII.B. The Court shall retain jurisdiction only to order the relief
explicitly specified in Section IV.C.1 and only where Defendants have not
provided that relief pursuant to the procedures specified in this Section. The
Court shall lack jurisdiction to imply any claims, or authority to issue any other
relief, under this Agreement.
2.
The exclusive procedure for any Individual Plaintiff to move to enforce the
terms set forth in Section IV.C.1 are as follows:
a. Prior to moving to enforce the terms set forth in Section IV.C.1, the Individual
Plaintiffs’ counsel shall submit written notice to Defendants’ counsel. Such
notice shall be submitted by electronic mail and shall specify the obligation
with which Defendants have allegedly not complied; describe the facts and
circumstances supporting the claim; and state that one or more Individual
6
EXECUTION COPY
Plaintiff(s) intends to seek an order from the Court, as set forth in this Section
VIII.B. Those Individual Plaintiff(s) identified in the written notice shall not
inform the Court of their allegation(s) at that time.
b. Within 2 business days of receipt of the written notice from the Individual
Plaintiffs’ counsel, Defendants’ counsel will acknowledge receipt of the
notice.
c. Defendants shall have a period of 10 days after receipt of such written notice
to inform the Individual Plaintiffs’ counsel in writing of their determination as
to whether Defendants have complied with the obligation(s) set forth in
Section IV.C.1, including relevant information that informed Defendants’
determination.
1.
If Defendants do not agree that they failed to comply with their
obligations under Section IV.C.1, the Individual Plaintiffs’
counsel and Defendants’ counsel will meet and confer within 5
business days of Defendants’ response to the Individual
Plaintiffs’ written notice. If the Individual Plaintiffs’ counsel
and Defendants’ counsel cannot resolve the disagreement
within 21 days from their meet and confer, the Individual
Plaintiff(s) identified in the written notice may file a motion for
enforcement of Section IV.C.1 with the Court.
2.
If Defendants agree that they failed to comply with their
obligations under Section IV.C.1, Defendants will disclose in
writing any action they propose to take to comply with their
obligations under Section IV.C.1 to the Individual Plaintiffs’
counsel. The Individual Plaintiffs’ counsel and Defendants’
counsel will meet and confer regarding Defendants’ proposal
within 5 business days of Defendants’ transmission of
Defendants’ proposal to Individual Plaintiffs’ counsel.
i.
If the Individual Plaintiffs’ counsel and
Defendants’ counsel agree in writing that the
actions are sufficient to comply with Defendants’
obligations under Section IV.C.1, Defendants will
have 21 days following the agreement to take such
action.
ii.
If the Individual Plaintiffs’ counsel and
Defendants’ counsel cannot reach consensus on the
appropriate action Defendants should undertake to
comply with their obligations under Section IV.C.1
within 21 days from their meet and confer, the
Individual Plaintiff(s) identified in the written
notice may file a motion for enforcement of Section
IV.C.1 with the Court.
7
EXECUTION COPY
IX.
3.
Absent the prior, written agreement of the Individual Plaintiffs’ counsel and
Defendants’ counsel, any application to the Court for an order compelling the
relief specified in Section IV.C.1 must be brought on or before January 31, 2024.
4.
If Defendants are unable to perform any of the obligations set forth in Section
IV.C.1 by January 31, 2022, due to extraordinary circumstances beyond
Defendants’ control, Defendants’ counsel will notify the Individual Plaintiffs’
counsel within 14 days of Defendants’ determination that they will not be able
to perform their obligations. That notification will describe the facts providing
the basis for believing that extraordinary circumstances beyond Defendants’
control prevent Defendants from timely performing their obligations and present
the Individual Plaintiffs’ counsel with a proposal for meeting Defendants’
obligations under Section IV.C.1 as soon as practicable. Within 14 days of that
notice, the Individual Plaintiffs’ counsel and Defendants’ counsel will meet and
confer as to whether the circumstances are beyond the Defendants’ control and
to what extent they affect Defendants’ ability to perform their obligations set
forth in Section IV.C.1 in a timely manner. If the Individual Plaintiffs and
Defendants cannot agree within 21 days of their meet and confer as to whether
extraordinary circumstances exist or whether Defendants can meet their
obligations under Section IV.C.1 in a timely manner, the Individual Plaintiffs
may file a motion for enforcement of Section IV.C.1 with the Court.
5.
The Parties stipulate and agree that the Court shall have no jurisdiction over any
claims, causes of actions, motions, suits, allegations, or other requests for relief
in this Litigation that are not expressly stated in this Section VIII.B.
6.
The Parties stipulate and agree that the Court shall have no jurisdiction to
supervise, monitor, or issue orders in this Litigation, except to the extent that the
Individual Plaintiffs invoke the Court’s jurisdiction pursuant to the procedures
set forth in this Section VIII.B.
ADDITIONAL PROVISIONS
A.
The following provisions apply to this Agreement:
1.
Successors and Assigns. This Agreement and all of its terms and provisions will inure
to the benefit of and bind the Parties and each of their predecessors, successors, assigns,
heirs, executors, administrators, and transferees.
2.
Drafting. The Parties agree that no single Party will be deemed to have drafted this
Agreement, or any portion thereof, for purpose of the invocation of the doctrine of contra
proferentem. This Agreement is a collaborative effort of the Parties and their attorneys
that was negotiated on an arm’s-length basis between parties of equal bargaining power.
Accordingly, this Agreement will be neutral, and no ambiguity will be construed in
favor of or against any of the Parties.
8
EXECUTION COPY
3.
Entire Agreement. This Agreement contains the entire Agreement and understanding of
the Parties with respect to the subject matter hereof, and supersedes all prior agreements
and understandings, if any, with respect hereto, whether oral or written.
4.
Amendment. This Agreement may not be amended, altered, modified, or otherwise
changed except in a writing executed by all of the Parties or their successors in interest
expressly stating that it is an amendment to this Agreement. The Parties will not make
any claims, and hereafter waive any right they now have or may hereafter have based
upon any oral alteration, oral amendment, oral modification, or other changes of this
Agreement not in writing.
5.
Headings. The headings of the Sections of this Agreement are included for convenience
only and will not be deemed to constitute part of this Agreement or to affect its
construction.
6.
Interpretation. As used in this Agreement, the masculine, feminine, or neuter gender,
and the singular or plural number, include the others wherever the context so indicates.
7.
Counterparts. This Agreement may be executed in several counterparts, each of which
will be deemed an original, but all of which together will constitute one and the same
instrument.
8.
Facsimile and Electronic Signatures. Facsimiles and pdf versions of signatures on this
Agreement will be deemed to be original signatures and will be acceptable to the Parties
to this Agreement for all purposes. In addition, transmission by electronic mail of a
PDF document created from the originally signed document will be acceptable to the
Parties to this Agreement for all purposes.
9.
Representation by Counsel. The Parties have relied upon the advice and representation
of counsel, selected by them, concerning their respective rights and obligations with
respect to this Agreement. The Parties have read and understand fully the above and
foregoing Agreement and have been fully advised as to the legal effect thereof by
counsel of their own selection and intend to be legally bound by the same.
10.
Impossibility of Performance. In the event that any Party cannot perform under this
Agreement due to force majeure, an act of State, or it becomes unlawful or impossible
to perform despite the Party’s best efforts, the Parties are obligated to negotiate in good
faith and use their best efforts to develop a substitute manner of performance. A Party
is obligated to notify all other Parties as soon as practicable upon receiving notice of a
reasonable likelihood of the impossibility of its performance as described in this clause.
11.
Waiver. The waiver by one Party of any breach of this Agreement by any other Party
will not be deemed as a waiver of any other prior or subsequent breaches of this
Agreement.
12.
Representations and Warranties. Each counsel or other Person executing this
Agreement or any related settlement documents on behalf of any Party hereto hereby
warrants and represents to the other Parties hereto that such counsel or other Person has
9
EXECUTION COPY
the authority to execute and deliver this Agreement and related settlement documents,
as applicable.
13.
Survival. The Parties agree that the terms set forth in this Agreement will survive the
signing of this Agreement.
14.
Consistency with Federal Law: Nothing in this Agreement imposes upon Defendants
any duty, obligation, or requirement, the performance of which would be inconsistent
with federal statutes, rules, or regulations in effect at the time of such performance.
15.
Governing Law. All terms and conditions of this Agreement will be governed by and
interpreted according to law of the United States.
16.
Tax Implications. Compliance with all applicable federal, state, and local tax
requirements is the sole responsibility of Plaintiffs and Plaintiffs’ counsel.
[Signatures follow on next page.]
10
EXECUTION COPY
IN WITNESS WHEREOF, the Parties hereto have duly executed this
Agreement and/or have caused this Agreement to be executed by their duly authorized
representatives on the dates set forth below.
Dated: October_,
12 2021
n Federation of Teachers AFL-CIO
12 2021
Dated: October_,
Dated: October_, 2021
Cynthia Miller
Dated: October_, 2021
Anastasiya Savenkova
Dated: October _, 2021
Deborah Baker
Dated: October_, 2021
Janelle Menzel
Dated: October_, 2021
Kelly Finlaw
Dated: October_, 2021
Michael Giambona
Dated: October_, 2021
Andre Lorincz
Dated: October _, 2021
Peter Huk
11
EXECUTION COPY
IN WITNESS WHEREOF, the Parties hereto have duly executed this
Agreement and/or have caused this Agreement to be executed by their duly authorized
representatives on the dates set forth below.
Dated: October __, 2021
______________________________
Randi Weingarten
American Federation of Teachers AFL-CIO
Dated: October __, 2021
By:___________________________
Dated: October 12
__, 2021
______________________________
Cynthia Miller
Dated: October __, 2021
______________________________
Anastasiya Savenkova
Dated: October __, 2021
______________________________
Deborah Baker
Dated: October __, 2021
______________________________
Janelle Menzel
Dated: October __, 2021
______________________________
Kelly Finlaw
Dated: October __, 2021
______________________________
Michael Giambona
Dated: October __, 2021
______________________________
Andre Lorincz
Dated: October __, 2021
______________________________
Peter Huk
12
EXECUTION COPY
IN WITNESS WHEREOF, the Parties hereto have duly executed this
Agreement and/or have caused this Agreement to be executed by their duly authorized
representatives on the dates set forth below.
Dated: October_, 2021
Randi Weingarten
American Federation of Teachers AFL-CIO
Dated: October_, 2021
By: ____________
Dated: October_, 2021
Cynthia Miller
So.
V L J.ov °'
va
\.Ct. s �'£
Dated: October_,
12 2021
Anastasiya Save .
Dated: October_, 2021
Deborah Baker
Dated: October_, 2021
Janelle Menzel
Dated: October_, 2021
Kelly Finlaw
Dated: October_, 2021
Michael Giambona
Dated: October_, 2021
Andre Lorincz
Dated: October_, 2021
Peter Huk
13
EXECUTION COPY
IN WITNESS WHEREOF, the Parties hereto have duly executed this
Agreement and/or have caused this Agreement to be executed by their duly authorized
representatives on the dates set forth below.
Dated: October_,202 I
Randi Weingarten
American Federation of Teachers AFL-CIO
Dated: October
,2021
By:____________
Dated: October _,2021
Cynthia Miller
Dated: October_,2021
Dated: October 12 ,2021
Dated: October _,2021
Janelle Menzel
Dated: October _,2021
Kelly Finlaw
Dated: October _,2021
Dated: October
Michael Giambona
, 2021
Andre Lorincz
Dated: October _,2021
Peter Huk
14
EXECUTION COPY
IN WITNESS WHEREOF, the Parties hereto have duly executed this
Agreement and/or have caused this Agreement to be executed by their duly authorized
representatives on the dates set forth below.
Dated: October_, 2021
Randi Weingarten
American Federation of Teachers AFL-CIO
Dated: October_, 2021
By:__________
Dated: October_, 2021
Cynthia Miller
Dated: October_, 2021
Anastasiya Savenkova
Dated: October_, 2021
Deborah Baker
,
�
Q,&L/cd17:edif
Dated: October __,
12 2021
Dated: October_, 2021
Kelly Finlaw
Dated: October_, 2021
Michael Giambona
Dated: October_, 2021
Andre Lorincz
Dated: October_, 2021
Peter Huk
15
EXECUTION COPY
IN WITNESS WHEREOF, the Parties hereto have duly executed this
Agreement and/or have caused this Agreement to be executed by their duly authorized
representatives on the dates set forth below.
Dated: October __, 2021
______________________________
Randi Weingarten
American Federation of Teachers AFL-CIO
Dated: October __, 2021
By:___________________________
Dated: October __, 2021
______________________________
Cynthia Miller
Dated: October __, 2021
______________________________
Anastasiya Savenkova
Dated: October __, 2021
______________________________
Deborah Baker
Dated: October __, 2021
______________________________
Janelle Menzel
Dated: October __,
12 2021
______________________________
Kelly Finlaw
Dated: October __, 2021
______________________________
Michael Giambona
Dated: October __, 2021
______________________________
Andre Lorincz
Dated: October __, 2021
______________________________
Peter Huk
16
EXECUTION COPY
IN WITNESS WHEREOF, the Parties hereto have duly executed this
Agreement and/or have caused this Agreement to be executed by their duly authorized
representatives on the dates set forth below.
Dated: October __, 2021
______________________________
Randi Weingarten
American Federation of Teachers AFL-CIO
Dated: October __, 2021
By:___________________________
Dated: October __, 2021
______________________________
Cynthia Miller
Dated: October __, 2021
______________________________
Anastasiya Savenkova
Dated: October __, 2021
______________________________
Deborah Baker
Dated: October __, 2021
______________________________
Janelle Menzel
Dated: October __, 2021
______________________________
Kelly Finlaw
Dated: October __,
12 2021
______________________________
Michael Giambona
Dated: October __, 2021
______________________________
Andre Lorincz
Dated: October __, 2021
______________________________
Peter Huk
17
EXECUTION COPY
12
12
18
EXECUTION COPY
IN WITNESS WHEREOF, the Parties hereto have duly executed this
Agreement and/or have caused this Agreement to be executed by their duly authorized
representatives on the dates set forth below.
Dated: October __, 2021
______________________________
Randi Weingarten
American Federation of Teachers AFL-CIO
Dated: October __, 2021
By:___________________________
Dated: October __, 2021
______________________________
Cynthia Miller
Dated: October __, 2021
______________________________
Anastasiya Savenkova
Dated: October __, 2021
______________________________
Deborah Baker
Dated: October __, 2021
______________________________
Janelle Menzel
Dated: October __, 2021
______________________________
Kelly Finlaw
Dated: October __, 2021
______________________________
Michael Giambona
Dated: October __, 2021
______________________________
Andre Lorincz
12 2021
Dated: October __,
______________________________
Peter Huk
19
20
EXECUTION COPY
EXHIBIT A
21
EXECUTION COPY
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
RANDI WEINGARTEN, in her official capacity as
President of the American Federation of Teachers, AFLCIO,
Civil Action No. 1:19-cv-02056 (DLF)
AMERICAN FEDERATION OF TEACHERS, AFLCIO,
CYNTHIA MILLER,
ANASTASIYA SAVENKOVA,
DEBORAH BAKER,
JANELLE MENZEL
KELLY FINLAW,
MICHAEL GIAMBONA,
ANDRE LORINCZ, and
PETER HUK
Plaintiffs,
v.
MIGUEL A. CARDONA, in his official capacity as the
Secretary of the United States Department of Education,
and
UNITED STATES DEPARTMENT OF
EDUCATION
Defendants.
STIPULATION OF DISMISSAL
Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), the parties to this action hereby
stipulate to dismiss this action with prejudice pursuant to the parties’ settlement agreement executed in
connection with this matter, over which the parties request that the Court retain jurisdiction for the limited
22
EXECUTION COPY
and exclusive purpose, if necessary, of enforcing the terms of the settlement agreement related to relief for
the individual plaintiffs, Cynthia Miller, Anastasiya Savenkova, Deborah Baker, Janelle Menzel, Kelly
Finlaw, Michael Giambona, Andre Lorincz, and Peter Huk. A proposed order is attached as Attachment I
hereto.
Dated:
October __, 2021
Respectfully submitted,
SELENDY & GAY, PLLC
Mark Richard (D.C. Bar No. 1033699)
PHILLIPS, RICHARD & RIND, P.A.
9360 SW 72 Street, Suite 283
Miami, FL 33173
Telephone: (305) 412-8322
E-mail: [email protected]
By:
Aaron Ament (D.C. Bar No. 1602164)
Daniel A. Zibel (D.C. Bar No. 491377)
Robyn K. Bitner (D.C. Bar No. 1617036)
NATIONAL STUDENT LEGAL
DEFENSE NETWORK
1015 15th Street N.W., Suite 600
Washington, D.C. 20005
Telephone: (202) 734-7496
E-mail:[email protected]
[email protected]
[email protected]
Faith Gay (pro hac vice)
Caitlin Halligan (pro hac vice)
Maria Ginzburg (pro hac vice)
Yelena Konanova (pro hac vice)
SELENDY & GAY, PLLC
1290 Avenue of the Americas
New York, NY 10104
Telephone: (212) 390-9000
Email: [email protected]
[email protected]
[email protected]
[email protected]
Counsel for Plaintiffs
Counsel for Plaintiffs Weingarten & AFT
BRIAN M. BOYNTON
Acting Assistant Attorney General
MARCIA BERMAN
Assistant Branch Director, Federal Programs
______________________________
JONATHAN D. KOSSAK
Trial Attorney (D.C. Bar No. 991478)
U. S. Dept. of Justice
Civil Division, Federal Programs Branch
1100 L St., NW, Washington, D.C. 20005
Tel. (202) 305-0612
Email: [email protected]
Counsel for Defendants
23
EXECUTION COPY
Attachment I
24
EXECUTION COPY
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
RANDI WEINGARTEN, in her official capacity
as President of the American Federation of
Teachers, AFL-CIO,
Civil Action No. 1:19-cv-02056 (DLF)
AMERICAN FEDERATION OF TEACHERS,
AFL-CIO,
CYNTHIA MILLER,
ANASTASIYA SAVENKOVA,
DEBORAH BAKER,
JANELLE MENZEL
KELLY FINLAW,
MICHAEL GIAMBONA,
ANDRE LORINCZ, and
PETER HUK
Plaintiffs,
v.
MIGUEL A. CARDONA, in his official capacity
as the Secretary of the United States Department of
Education, and
UNITED STATES DEPARTMENT OF
EDUCATION
Defendants.
[PROPOSED] ORDER
25
EXECUTION COPY
Upon consideration of the parties’ Stipulation of Dismissal pursuant to Federal Rule of Civil
Procedure 41(a)(1)(A)(ii), and for the reasons articulated therein, it is, this ___ day of
____________________, 2021,
ORDERED that this case is dismissed with prejudice. It is further ORDERED that the
Court will retain jurisdiction over this matter, pursuant to Kokkonen v. Guardian Life Ins., 511 U.S.
375 (1994), for the limited and exclusive purpose, if necessary, of enforcing the terms of the
parties’ settlement agreement related to relief for the individual plaintiffs, Cynthia Miller,
Anastasiya Savenkova, Deborah Baker, Janelle Menzel, Kelly Finlaw, Michael Giambona, Andre
Lorincz, and Peter Huk.
__________________________
DABNEY L. FRIEDRICH
UNITED STATES DISTRICT JUDGE
26
| File Type | application/pdf |
| Author | Maggie |
| File Modified | 2022-03-14 |
| File Created | 2021-10-13 |