I. .1. DONOVAN, 01? LABOR, MERCHANTS on., lltCOIil?OrtA'l?ilii, l" nix ?rin-z earn-1n l'ils'l?lth't? Cth-r" FOIL 'rnr: Lns'ranrr or comm-ino- STATES Oi." LABOR, Plaintiff, CIVIL ACTION V. i 1 no. SPF-372 and BRADLEY l?El'thLl'lUirl, meonrorgyreo, - Defendants. An injunction is hereby entered enjoining and restrainingr defendants, their . . oincers, agents, servants, employees and those persons in liCtl?u'U concert or particghpatron with them who receive actual notice of any such Judgment from ?33.6% I r? . . it", tire 0 sections loiant} and lair-Lei es, the net for a [11:1ij of tire ,oat/J . J4??mf"n years. Such of time may. for geod cause shown, upon ?once and hearing. be fl - extended for an additional period of time not to exceed five (5) years (maximum total of ten (10) years). in order for the Court to enter a contempt citation, the violation must be proven to be a williul rioletion as defined in women v. Jiffy June Farm, 458 F.2d 11.30 at 1142 (5th Cir. 1071). Counsel for each party will tile on or before January 15, 1080 a status report with the Court regarding compliance with this order and stating whether the injunction should he continued or not. Any and all violations of the Fair Labor Standards Aetesisting on or before July 10, 1931, whether known or unknown, are hereby compromised, satis?ed, and waived and plaintiff waives the right to prosecute any and all such alleged claims or violations (existing on or before July 10, 1001.) either on behalf of itself or any individual. Deiendants will pay to $0,000.00 for all amounts allegedly due under the Fair Labor Standards Act of 15130, as amended, through and including,r July 16, 1931, whether known or unknown. Paymean will be made to those persons previously listed in the Appendix to Plaintiff's Amended Complaint and to those persons who preperly show entitlement thereto. Plaintiff will provide defendants with a list of persons to whom the ninounts will be paid by B, 1931.. DEPOSITION EXHIBIT Hamlin/Defendant ?r??ilon Exhibit as??rm? Oate_ - - 5 Any sums I Within or}: year after the entry of tii? "I?lgment, cannot b: distributed to or to their personal representat?rg? .cmz-se of inability of either plaintiff or defendants to locate the proper persona or.beeausc.oi Eloy 'person's refusal to accept payment, sliall'bo deposited by the plaintiff in a 'soeelul deposit account to be paid to the rlglittul person. If such minus are not claimed by the person within three' (8) years, plaintiff shall clebosit tliem into the United States Treasury as miscellaneous reeoipts, Thiewsettlement does not constitute an aclmissioaLoE liability by the detendants and is agreed to in an attempt to resolve this case without further litigation. Each party to bear its own costs. I . [a?ic/mwh Sherian GT U. 3. District Judge . - p, NKAL George or Merehants Oil, loo: . Entered this 16th day of July, 1951. ,r - If .s xii#qu- n' -. 4' Bradley Gallun' for Uracil/cg Petroleum, lne. (in? . ,pu? .- . - uric [mimeynnm Ireland, Staploton ?r Pryor 1675 Broadway, Suite 2600 Denver, CO 80202 - Attorneys for Defendants Timothy Ryan Solicitor of Labor 'l?edrielt A. iloush, Jr. Regional Solicitor Henry C. Mahlman Associate Regional Solicitor . (I Office of the notieitor 1536.?: Federal Building 1.961 Stout Street Denver, CO 802% US. OF IuMlOl'i. Attorneys for Plaintiff a IN THE UNITED STATES DISTRICT COURT .. FOR THE DISTRICT OF COLORADO Civil Action LYNN MARTIN, SECRETARY OF LABOR. UNITED STATES DEPARTMENT OF LABOR, Plaintiff, V. BRADLEY PETROLEUM, INC., 8 Colorado corporation, and BRADLEY H. CALKINS, Individually Defendants. SETTLEMENT AGREEMENT This Settlement Agreement and Release (the ?Agreement") is made between the US. Department of Labor (?the Department?), Bradtey Petroleum, Inc, a Colorado corporation and Bradley H. Calkins (coilectivaly "Bradley"). 1. The Department, for payment in the amount oi $8,293.88. does hereby release ant discharge Bradley, its successors, assigns, of?cers, directors, employees and agents irorn an and all ctaims, demands, liabilities, or violations under the Fair Labor Standards Act of 1938, a. amended (29 U.S.C. sections 201 gt. sag; hereinafter reterred to as "the Ac and any cause of action which occurred or arose on or prior to the date of the last investigation, complete August 1, 1991, and all matters relating thereto, including but not limited to those ior which th Department has or could have asserted claims in the action pending in the United States Distri Court, District oi Colorado, known as "Civil Action No. 90-8641." It is expressly understood ar agreed between the partes that acceptance of the above mentioned consideration is in i' settlement and compromise of all claims asserted or which could have been asserted in Ci Action No. 90-8-541. 2. Bradley, its officers, agents, servants, and employees agree to comply 'with provisions of section 15 of the Act. Bradiey hereby certi?es that it is in current compliance in 15 of the Act. 3. For purposes oi the Act the settlement amount will be treated as back wages. settlement amount (setlorth in paragraph i) shall be disbursed by the Department to the pars listed on Exhibit A as their interests appear. Payment of the above amount shall be mad-1 Bradley delivering to the Department oi Labor within ten (10) days of the date on which Bra signs this agreement a cashier's or certified check made payable to "Wage-Hour, Labor, $8,293.88. The Department will compute the tax deductions, consisting oi federal income withholding (to be deducted at the lump sum rate of 20%) and the employee?s share oi the 5 security tax, provide an itemization thereof, and distribute the monies to the ample or their legal representatives as their interests may appear. Bradley agrees to pay the emplo - portion 01 the social in the appropriate manner. 1? 0' - no 002609 ion Exhibit Case? pm won Com Ropo?mg . . - 4. Any sums which. within one year ot the date of the receipt oi the back wages by wage. Hour. have not been disbursed shall be deposited to the United States Treasury. 5. This settlement is a compromise ol disputed claims and does/not constitute an admission of any liability or wrongdoing by any party hereto. {z uuweo STATES DEPARTMENT or LABOR pro, Robert P. Davis j. Solicitor of Labor Bradley 0 .rtir?rs?foi Bradley Petroleurn, Ins, and individually Tedrick A. Housh, Jr. Regional Solicitor Neal Cohen Ann M. Noble PRYOR Sr PASCOE Counsel 1675 Broadway Suite 2600 Employ? Standards Program Denver, CO 80202 - Attorney for Bradley S. orrie Ray I Attorney Of?ce oi the Solicitor Dated 12/6: 3 2/ 1585 Federal Building - 1961 Stout Street Denver, CO 80294 a" Attorneys for the Department Dated OKAMOTO PAGE 0.02610?