IN RE CONSUMERS IGA THRIFTWAY, INC. (Bankr.E.D.Okla. 2006)

TOM CORNISH, Bankruptcy JudgePage 2

This matter comes before me on the Motion for Order Authorizing Compromise and Settlement of Controversy, filed herein by Karen Carden Walsh, Trustee, and it appearing to the Court that an Order should be entered approving said compromise.

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Motion for Order Authorizing Compromise and Settlement of Controversy (the "Motion") filed December 14, 2005, is hereby granted. Therefore, Karen Carden Walsh, Trustee, is hereby authorized to compromise the matter between herself, as Trustee, and Robert A. Smith as set out in the Negotiated Settlement Agreement attached as Exhibit A.

1. The following Agreement refers to Charge Number 311 2005 00102, on file with the Equal Employment Opportunity Commission, under Title VII of the Civil Rights Act of 1964, as amended.

2. In exchange for satisfactory fulfillment by Marvin's IGA, hereinafter the Respondent, of the promises contained in paragraph three (3) of this Agreement, Robert A. Smith, hereinafter the Charging Party, agrees not to institute a lawsuit with respect to the above-referenced charge and to hold confidential the details of the settlement except that the Charging Party may make the necessary disclosures to his accountant or tax preparer for purposes of preparing her federal and state tax forms.

3. In exchange for the promises of the Charging Party contained in paragraph two (2) of this Agreement, the Respondent agrees that it will:

A. Revise Charging Party's personnel record to reflect that he resigned his position and produce a copy of said redaction for the Charging Party's records upon full execution of this agreement.

B. Issue only a neutral job reference, consisting only of the dates of employment, position held and salary awarded, to any potential employers of the Charging Party and issue a neutral letter of reference containing same upon full execution of this agreement.

C. Allow a $3500.00 (Three Thousand Five Hundred) unsecured claim against the Respondent in Respondent's pending Bankruptcy proceeding. Respondent will provide the necessary forms to enable the Charging Party to establish his claim in the Bankruptcy proceeding.

4. It is agreed and understood that this Agreement does not constitute an admission by the Respondent of any violations of Title VII of the Civil Rights Act of 1964, as amended.

5. The parties agree that this Agreement may be specifically enforced in court and may be used as evidence in a subsequent proceeding in which any of the parties allege a breach of this Agreement.

6. The Respondent agrees to provide written notice to the Director of the Oklahoma City Area Office, within ten (10) days of satisfying each obligation specified at paragraph three (3) of this Agreement.

7. This Agreement constitutes the complete understanding among the Respondent, Charging Party, and the Equal Employment Opportunity Commission. No other promises or agreements shall be binding unless signed by all these parties.

The following paragraph is deemed incorporated as part of this Agreement if and when signed by the Equal Employment Opportunity Commission Area Office Director.

8. In reliance on the promises made in paragraphs two (2) and three (3), four (4) and five (5), six (6), and seven (7) the Equal Employment Opportunity Commission agrees to terminate the investigation which it has begun and not to use the above-referenced charge as the jurisdictional basis for a civil action under Title VII of the Civil Rights Act of 1964, as amended. The Equal Employment Opportunity Commission does not waive or in any manner limit its right to investigate or seek relief in any other charge including, but not limited to, a charge filed by a member of the Commission against the Respondent.