Case 1:19-cv-00044-MW-GRJ Document 7-1 Filed 05/07/19 Page 1 of 6

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION

PRIVILEGED SETTLEMENT COMMUNICATION

ARLESIA JOHNSON, CASE NO.: 1:19-cv-00044-MW-GRJ

Plaintiff,
V.

SUCCESSFUL LIVING IV, LLC,

SUCCESSFUL LIVING III, and
DIYONNE L. MCGRAW,

Defendants.

SETTLEMENT AGREEMENT

This Settlement Agreement (Agreement) is made and entered into

by and among the following: plaintiff Arlesia Johnson; and, defendants

Successful Living IV, LLC, Successful Living III, and Diyonne L.

McGraw through Michael Massey and N. Albert Bacharach, Jr., their

respective counsel, inclusively, the Settling Parties. This Agreement is

intended by the settling parties to fully, finally and forever resolve,

discharge and settle all released rights, and claims in the above styled

litigation, subject to the terms and conditions set forth herein.

1
Exhibit
A
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It is hereby stipulated and agreed to, by and among the Settling

Parties that the defendants shall pay plaintiff Arlesia Johnson, for

damages plus liquidated damages, the entire amount calculated by

plaintiff Johnson, and her counsel, Michael Massey, as due and owing

from the defendants, for all of plaintiff Johnson’s overtime work,

performed while an employee of the defendants, or one of them, at

plaintiff Johnson’s base rate of pay times 1.5 that base rate (time and

1/2) required by the Fair Labor Standards Act 29 U.S.C.§207(a)(l).

It is further stipulated and agreed to, by the Settling Parties that

the defendants shall pay plaintiffs counsel, Michael Massey, his lodestar

for all work done through the date of this agreement, at the hourly rate

requested by plaintiffs counsel.

It is further stipulated and agreed to, by the Settling Parties that

the defendants shall pay all of plaintiffs costs to date, including

plaintiffs filing fees and the cost of serving the defendants.

It is acknowledged by plaintiff Johnson and her counsel Michael

Massey, by their signatures below that all foregoing monies, due and

owing from the defendants to plaintiff and her counsel, have been, in
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hand paid, prior to their execution of this agreement.

The Settling Parties further agree: that plaintiff Arlesia Johnson’s

Complaint in the above styled cause shall, by reason of the aforesaid full

payments, be and is settled; that the defendants shall be released; that

plaintiff Johnson’s Complaint, in the above styled cause, shall be

dismissed with prejudice; that no further Complaint against defendants,

regarding the same time period of employment, shall be filed by plaintiff

Johnson; that no appeal shall be taken by the Settling Parties; and, that

all of the foregoing terms and conditions of this Agreement shall be

confidential.

This Agreement constitutes the entire agreement between the

Settling Parties, and no representations, warranties or inducements have

been made to any party concerning the Agreement, other than those

contained herein.

This Agreement may be executed in one or more counterparts,

including signature executed by email or facsimile. All executed

counterparts and each of them shall be deemed to be one and the same

instrument, which shall be binding upon the parties, and inure to the

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benefit of, the parties their successors and assigns.

Pursuant to Federal Rule of Evidence 408 and the agreement of

confidentiality between the Parties, all communications regarding this

Agreement, including but not limited to plaintiff Johnson’s Excel

spreadsheet, prepared by her counsel Michael Massey, are and shall

remain highly confidential, and cannot be shared or discussed in any

way with anyone who is not a party to Agreement, or their counsel.

Further, pursuant to this Agreement, the specific terms of this

Agreement, and all negotiations arising therefrom are highly confidential

settlement negotiations, and shall not be shared or discussed in any way

with anyone who is not a party to this Agreement, or their counsel; and

may be disclosed only pursuant to court order.

This Agreement may not be changed, waived, discharged,

modified or terminated except by an instrument in writing signed by the

Settling Parties.

The provisions contained in this Agreement shall not be deemed a

presumption, concession or any admission by the defendants, or any of

them, of any fault, liability or wrongdoing as to any facts or claims

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alleged or asserted against the defendants, and shall not be interpreted,

construed, deemed, invoked, offered, or received in evidence or

otherwise used by any person in any other action or proceeding, whether

civil, criminal or administrative, except in a proceeding to enforce the

terms or conditions of this Agreement.

IN WITNESS WHEREOF, the Settling Parties, and their

counsel, have entered into this Agreement as of this * day of April

2019.

ArlesiaJdnnson ) Diyonne L. McGraw, individually and

on behalf of Successful Living IV, and
LLC, Successful Living III

^Michael Massey // N. Albert Bacharach, Jr.

Florida Bar No. 1536$0
Attorney for Plaintiff Arlesia Johnson
Massey & Duffy PLLC
855 East University Ave.
Gainesville, FL 32601
Phone: (352) 505-8900
Email: massey@3521aw.com
Florida Bar No.: 209783
Attorney for Defendants Diyonne L.
McGraw, Successful Living IV, LLC,
and Successful Living III
N. Albert Bacharach, Jr., P.A.
4128 NW 13th Street
Gainesville, FL 32609-1807
Phone: (352)378-9859
FAX: (352)338-1858
Email: N.A.Bacharach@att.net

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this Agreement.

IN WITNESS WHEREOF, the Settling Parties, and their counsel,

— Z it
have entered into this Agreement as of thisy/y day of April 2019.

1
Arlesia Johnson Divine L. McGraw, individually
ancron behalf of Successful Living
IV, and LLC, SuccessfuHjviftg-ffL

Michael Massey
Florida Bar No. 153680
Attorney for Plaintiff Arlesia^
Johnson
Massey & Duffy PLLC
855 East University Ave.
Gainesville, FL 32601
Phone: (352) 505-8900
Email: massey@3521aw.com
s^Sd^^^ 209783
Attorney:for Defendants Diyonne L.
AvfcGraw, Successful Living IV,
LLC, and Successful Living III
N. Albert Bacharach, Jr., P.A.
4128 NW 13th Street
Gainesville, FL 32609-1807
Phone: (352)378-9859
FAX: (352)338-1858
Email: N.A.Bacharach@att.net