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DOCKET NO.: FBT-CV22-6119377-S SUPERIOR COURT
TATIANA CASTRO J.D. OF FAIRFIELD
V. AT BRIDGEPORT
3885 MAIN ST. BRIDGEPORT DENTAL INC. MAY 17, 2024
MOTION TO OPEN WITHDRAWAL AND TO ENFORCE SETTLEMENT AGREEMENT
The Plaintiff, TATIANA CASTRO, hereby moves to open the judgment after withdrawing this
action based on the parties having reached a binding agreement to settle; and further moves for an order|
of the court to enforce the parties’ written agreement, and for an award of attorneys’ fees to Plaintiff for
fees incurred in connection with the filing of this motion, as contemplated by the settlement agreement
between the Parties.
“A trial court has the inherent power to enforce summarily a settlement agreement as a matter off
law when the terms of the agreement are clear and unambiguous. ...Agreements that end lawsuits are
contracts, sometimes enforceable in a subsequent suit, but in many situations enforceable by entry of a
judgment in the original suit. A court's authority to enforce a settlement by entry of judgment in the
underlying action is especially clear where the settlement is reported to the court during the course of a
trial or other significant courtroom proceedings.” Audubon Parking Assocs. Ltd. P'ship v. Barclay &
Stubbs, Inc., 225 Conn. 804, 811, 626 A.2d 729, 733 (1993)(internal citations and quotation marks
omitted).
Here, on the eve of trial, the parties reached a settlement agreement and reported the same to the
court. J.D.N.O dated 03/26/2024. The parties thereafter reduced that agreement to writing. Ex. /,
Executed Agreement. Pursuant to the agreement’s terms, Defendant purported to issue, inter alia, two
checks to Plaintiff representing, respectively, payment of wages to be reported on a W-2, and payment
of emotional distress damages to be reported on a 1099. Ex. 2, Settlement Checks. Upon Plaintiff's
attempts to deposit the subject checks, the subject checks bounced, and Plaintiff's financial institution
instructed Plaintiffto report the “bad checks” to the police department.
The subject agreement (Ex. /) provides that “The Defendant and the Plaintiff also agree that in
the event of any breach of this Agreement by either party, the prevailing party shall be entitled to
reasonable attorneys’ fees and costs for enforcement of this Agreement.” /d. at J 14. Plaintiff has
abided by all obligations under the Agreement. Defendant has breached the Agreement by failing to
tender payment as required by the same, and by issuing bad checks.
WHEREFORE, Plaintiff respectfully request that this matter be set down for a hearing to
summarily enforce the parties’ settlement agreement, that the Court order Defendant to pay Plaintiff the
reasonable costs and attorneys’ fees incurred in connection with the filing of this Motion, and that
judgment enter in Plaintiff's favor.
THE PLAINTIFF,
TATIANA CASTRO
By: /s/ Matthew D. Paradisi
Matthew D. Paradisi, Esq.
Cicchiello & Cicchiello, LLP
364 Franklin Avenue
Hartford, CT 06114
Phone: (860) 296-3457
Juris No. 419987
Email: mparadisi@cicchielloesg.com
CERTIFICATION OF SERVICE
I certify that a copy of the above was or will immediately be mailed or delivered electronically or non4
electronically on July 11, 2023, to all counsel and self-represented parties of record and that writte:
consent for electronic delivery was received from all counsel and self-represented parties of record wha
were or will immediately be electronically served.
Andrew L. Houlding, Esq.
UPDIKE KELLY & SPELLACY, P.C.
265 Church Street
New Haven, CT 06510
ahoulding@uks.com
/s/ Matthew D. Paradisi
MATTHEW D. PARADISI
Commissioner ofthe Superior Court
EXHIBIT 1 - SETTLMENT AGREEMENT
CONFIDENTIAL
SETTLEMENT AGREEMENT AND GENERAL RELEASE
This Settlement Agreement and General Release is made and entered into by and
between Tatiana Castro, her agents, representatives, heirs, executors, administrators, successors,
and assigns (hereinafter collectively referred to as “Plaintiff) and 3885 Main St. Bridgeport
Dental, Inc., and its officers, directors, parents, affiliates, subsidiaries, successors, and assigns,
and its and their agents and representatives (hereinafter collectively referred to as “Defendant”).
Plaintiff and Defendant are the sole parties to this Agreement (the “Parties”).
WHEREAS, the Plaintiff and the Defendant had an employment relationship; and
WHEREAS, the Plaintiff was terminated from employment with the Defendant on or
about September 26, 2022; and
WHEREAS, the Plaintiff filed a complaint with the Connecticut Superior Court for the
Judicial District of Fairfield at Bridgeport bearing Docket # FBT-CV22-6119377-S (the
“Action’”); and
WHEREAS, the Plaintiff and the Defendant mutually wish to settle and release any and
all claims the Plaintiff has or may have against the Defendant for any reason or based on any
facts or circumstances whatsoever without either the Defendant or the Plaintiff admitting any of
the claims of the other party or in any way admitting any liability to the other party; and
NOW THEREFORE, in consideration of the mutual promises and covenants set forth
herein, the Plaintiff and the Defendant agree as follows:
1 No Admissions. This Agreement shall not in any way be construed as an
admission by the Defendant that it may have acted wrongfully with respect to the Plaintiffin
onnection with her employment with or her termination from employment with the Defendant
or that the Plaintiff has any legal rights whatsoever against the Defendant, and the Defendant
specifically disclaims any liability to or wrongful or discriminatory acts against the Plaintiff.
This Agreement and its contents shall not be admissible in any proceeding as evidence of any
fact or conclusion, except only that this Agreement may be introduced in a proceeding arising
from a breach of the Agreement or as a defense by either Party.
2. Consideration: As consideration for the release of claims by the Plaintiff against
the Defendant in Paragraph 4 hereof and her other undertakings herein, Defendant shall pay the
Plaintiff a gross sum of Twenty-Five Thousand Dollars ($25,000.00) (“Settlement Sum”) within
30 days of the expiration of the revocation period set forth in Paragraph 10, as follows:
(a) Six Thousand Nine Hundred Eighteen Dollars and Seventeen Cents ($6,918.17)
of the Settlement Sum, less applicable deductions and tax withholdings, shall be
allocated as lost wages, made payable to the Plaintiff with a Form W-2 issued to
the Plaintiff.
(b) Six Thousand Nine Hundred Eighteen Dollars and Seventeen Cents ($6,918.17)
of the Settlement Sum shall be allocated as compensatory damages and made
payable to the Plaintiff with a Form 1099 MISC issued to Plaintiff.
(c) Eleven Thousand One Hundred Sixty Three Dollars and 65 cents ($11,163.65) of
the Settlement Sum shall be allocated as attorney’s fees and costs and made
payable to “Cicchiello & Cicchiello, LLP” (the “Firm”) with a Form 1099 MISC
sent to the Plaintiff and a Form 1099 sent to the Firm.
3. No Other Consideration. Except for the payments delineated in Paragraph 2 of
this Agreement, the Plaintiff expressly admits, acknowledges and agrees that no other
consideration shall be provided by the Defendant to her and that she has no entitlement to, or any
right to make any claim for, any additional consideration by the Defendant, individually or
collectively, of any kind or under any circumstances whatsoever. Plaintiff acknowledges and
agrees that the consideration set forth in Paragraph 2 of this Agreement represents good and
valuable consideration to which she was not otherwise entitled.
4 Release. As a material inducement to the Defendant to enter into this Agreement,
the Plaintiff for herself and her heirs, executors, administrators, successors, assigns and trustees,
agents, representatives, attorneys, and any other person or entity claiming for or through her
(collectively, the “Releasors”) hereby waives, releases, gives up and forever discharges the
Defendant, its present and former officers, directors, managers, members, employees, trustees,
consultants, predecessors, successors, subsidiaries, parents, affiliates, assigns, attorneys, insurers
and agents, and all persons acting by, through, under, or in concert with any of them
(collectively, the “Releasees”) of and from any and all rights, manners of action and actions,
cause and causes of action, suits, complaints, debts, obligations, sums of money, covenants,
contracts, controversies, bonds, trespasses, judgments, executions, agreements, promises,
damages, claims, lawsuits, charges, losses, expenses, wages, commissions, bonuses, salary,
stock/equity options, stock/equity issuances, liabilities, and demands of whatsoever kind, in law
or in equity, under federal and state constitutions, statutes or common law, whether known or
unknown, foreseen or unforeseen, arising out of or related to any aspect of Plaintiff's
employment with the Defendant, any agreement concerning such employment, or the separation
of such employment, including but not limited to, any and all claims of wrongful discharge or
breach of contract, any and all claims for equitable estoppel, any and all claims for employee
benefits, including, but not limited to, any and all claims under the Employee Retirement Income
Security Act of 1974, as amended, and any and all claims of employment discrimination on any
basis, and any and all claims including, but not limited to, violation of the United States and/or
State of Connecticut Constitution, Title VII of the Civil Rights Act of 1964, the Pregnancy
Discrimination Act, the Age Discrimination in Employment Act of 1967 (the “ADEA”), the
Civil Rights Act of 1866, the Civil Rights Act of 1991, the Americans with Disabilities Act of
1990, the Fair Labor Standards Act, the Rehabilitation Act, the Equal Pay Act, the Occupational
Safety and Health Act, the Labor Management Relations Act, the National Labor Relations Act,
the Family and Medical Leave Act of 1993, the Connecticut Family and Medical Leave Act, the
Connecticut Fair Employment Practices Act, the Connecticut Equal Pay Law, Connecticut
General Statutes § 31-51m, Connecticut General Statutes § 31-51q, and the Connecticut Human
Rights and Opportunities Law, or any other applicable or analogous state or federal law, any and
all claims under any other federal, state, or local labor law, civil rights law, fair employment
practices law, or human rights law, any and all claims of slander, libel, defamation, invasion of
privacy, intentional or negligent infliction of emotional distress, intentional or negligent
misrepresentation, fraud, violation of public policy, breach of contract, breach of implied
covenant of good faith and fair dealing, personal injury, mental anguish, injury to health and/or
personal reputation, prima facie tort, and any other claim arising out of the Plaintiff's
employment with or termination from the Defendant, or under any other facts or circumstances
whatsoever, any and all claims for monetary recovery, including but not limited to, back pay,
front pay, liquidated, compensatory, and punitive damages, and attorneys’ fees, experts’ fees,
disbursements and costs, which any of the Releasors ever had, now have, or hereafter can, shall,
or may have, for, upon, or by reason of any matter, cause, or thing whatsoever from the
beginning of time to the effective date of this Agreement, against any of the Releasees.
Notwithstanding the foregoing, the Plaintiff does not waive her right to (i) any rights and
obligations under this Agreement, and (ii) any claims that cannot be waived by law.
5. Medicare Secondary Payer Act Compliance
Plaintiff and Defendant intend to comply with the Medicare Secondary Payer Act (42
U.S.C. §1395y) and understand that as used herein, the term “Medicare” includes Medicare Part
A (Hospital Insurance), Medicare Part B (Medical Insurance), Medicare Part C (Medicare
Advantage Organizations) and Medicare Part D (Prescription Drug Insurance). Plaintiff affirms
that she is not a recipient of any Medicare or Medicaid benefits, and that she is responsible for
payment of any Medicare lien or any other lien or claim that has attached or may be asserted
against her for the recovery of any benefits she has received prior to the effective date of this
Agreement and/or as a result of Defendant’s payment of the consideration delineated in
Paragraph 2 of this Agreement. In addition to her release of all claims as set forth in Part 5 of
this Agreement, Plaintiff, as Releasor, releases and forever discharges Releasees from claims or
causes of action arising out of the loss of any present or future right to Medicare benefits.
Releasor further waives the right to sue Releasees under Section 1395y(b)(3)(A) of the Medicare
Secondary Payer Act for failure to provide for primary payment or appropriate reimbursement of
any conditional payment. To the fullest extent permitted by law, Releasor agrees to defend,
indemnify and hold harmless Releasees from all claims, healthcare liens, and demands for
payment of Releasor’s medical expenses, and to cooperate with Releasees in the investigation
and defense of any such claim, lien or demand.
6 Right to Counsel. The Plaintiff acknowledges that she has been advised of her
right to consult with an attorney prior to signing this Agreement, that she has in fact had an
opportunity to consult with an attorney about this Agreement, that she has been represented by
counsel of her choice in the negotiation and finalization of this Agreement, and that she fully
understands her rights and obligations under, and the meaning of, this Agreement.
7
Governing Law; Venue. This Agreement shall be governed by and construed
under the laws of the State of Connecticut, without giving effect to any rules or principles of
conflicts of law.
8. Severability. The provisions of this Agreement are severable, and if any part of it
is found to be unenforceable, the other paragraphs shall remain fully valid and enforceable;
provided, however, that if Plaintiff's Release is found to be unenforceable in whole or in part,
Defendant shall be relieved of the obligations to pay the consideration delineated in Part 2 and
shall be entitled to recover same if paid.
9. Entire Agreement/Amendments. This Agreement constitutes the entire
understanding of the Parties concerning the subject matter hereof. To the extent that any other
agreement between the Parties contradicts or supplements this Agreement, the Parties agree that
this Agreement shall be controlling. This Agreement may be modified only by a writing signed
by all Parties.
10. Revocation Rights.
(a) The Plaintiff acknowledges receiving this Agreement on March 29, 2024
and that she has twenty-one (21) days from that date, through and
including April 19, 2024 to consider the terms of this Agreement (the
“Consideration Period”).
(b) This Agreement is revocable by the Plaintiff for seven (7) days after it is
signed by her (the “Revocation Period”). This Agreement shall not be
effective or enforceable until the Revocation Period has expired without
revocation. In order to revoke her signature, Plaintiff shall provide prompt
written notice of revocation, through her counsel, to Andrew Houlding,
Esq., at ahoulding@uks.com.
(c) If this Agreement is not signed within the Consideration Period or is
timely revoked, Defendant shall be relieved of any obligation to make any
of the payments delineated in Part 2 hereof.
(d) This Agreement shall take effect on the eighth day following Plaintiff's
execution of this Agreement, but only if Plaintiff has timely signed this
Agreement and has not timely revoked her signature.
11. Existing and Newly Initiated Claims.. By entering into this Agreement,
Plaintiff agrees and warrants that she will withdraw or cause the Complaint to be withdrawn and
terminate the Action. Plaintiff confirms that she is not a party to or a participant in any other
claim, grievance, arbitration, charge, complaint, or action or proceeding whatsoever in any forum
or form against the Defendant. To the extent that the law prohibits the Plaintiff from waiving her
right to bring and/or participate in the investigation of a claim, the Plaintiff nevertheless waives
her right to seek or accept any damages or relief in any proceeding by another individual or
entity.
12. Tax Consequences. The Plaintiff agrees that she is fully and solely responsible
for the payment of any tax liability assessed against her resulting from this Agreement and
performance of the Parties’ obligations hereunder. The Plaintiff acknowledges that she has had
the opportunity to consult with an accountant and/or tax attorney in connection with same. The
Defendant make no representations or warranty with respect to the tax consequences arising or
resulting from the performance of this Agreement. The Plaintiff agrees that she shall defend,
indemnify and hold harmless the Defendant from and against any claim by any taxing or
government authority with respect to taxes associated with this Agreement. This indemnification
provision does not apply to the Employer’s share of any withholdings such as FICA or FUTA,
on the portion of the consideration paid pursuant to Paragraph 2(a) of this Agreement.
13. No Rehire. The Plaintiff agrees not to apply for or accept employment with the
Defendant or with any of their current or future parents, subsidiaries or legal affiliates
(“affiliates”) or affiliations. The Plaintiff agrees that any application for employment submitted
by her to Defendant or to any of their current or future parents, subsidiaries, affiliates or
affiliations may be rejected based on this Agreement; and that in the event that Plaintiff becomes
employed by Defendant or any affiliate, she may be terminated without liability of any kind
based on this Agreement (provided, however, that Plaintiff shall be paid for any work performed
prior to such termination).
14. Breach of Agreement. The Defendant and the Plaintiff also agree that in the
event of any breach of this Agreement by either party, the prevailing party shall be entitled to
reasonable attorney’s fees and costs for enforcement of this Agreement.
15. Confidentiality. The Defendant and the Plaintiff agree that this Agreement and
copies thereof shall be treated as confidential documents and shall be distributed only to the
Defendant, the Plaintiff and their respective counsel or tax professionals. The Defendant and the
Plaintiff further agree and represent that the facts and terms of the resolution reflected and
recorded in this Agreement are and shall remain confidential and that the Parties shall not
disclose any information related to or regarding the Agreement or the negotiations and
discussions that led to the Parties’ resolution of any differences, disputes, or disagreements. The
Plaintiff agrees that except as required by applicable federal, state, or local law, she will maintain
the confidentiality of this Agreement and make no voluntary statement or take any other action
that might reasonably be expected to result in disclosure of, or any publicity concerning the
terms hereof or the consideration paid to her by the Defendant. Should any third party request or
demand disclosure or production of this Agreement, both the Defendant and the Plaintiff agree
that no such disclosure or production shall be made without the express, written permission of
the other party or pursuant to a lawful order of a court or administrative agency having
competent jurisdiction to require such disclosure.
16. No Disparagement. Plaintiff agrees that she will not make any disparaging
statements or comments about or relating to the Defendant, its principals, agents or employees,
their affiliates, products, services, business and manner of doing business, through any means of
communication, including but not limited to, print or broadcast media or any Internet
communication outlet, including social media (by way of example only and without limitation:
Facebook, Instagram and/or X). A disparaging statement or comment is any communication,
oral or written, which would cause or tend to cause the recipient of the communication to
question the business condition, integrity, competence, fairness, quality of products or services,
or the good character of the person or entity to whom or to which the communication relates. A
disparaging statement or comment also includes any communication, oral or written, that would
have the intended or foreseeable effect of harming the reputation of Defendant and/or their
affiliates. Plaintiff agrees to use reasonable best efforts to prevent any member of her immediate
family from engaging in any such activity. Similarly, those principals and employees of
Defendant with knowledge of this Agreement shall make no disparaging comments about
Plaintiff. In response to a request from a prospective employer, if authorized by Plaintiff,
Defendant shall confirm Plaintiff's dates of employment and positions held. Nothing in this
Agreement prohibits either party from providing truthful information and/or testimony in
connection with any investigation or proceeding conducted by a local, state, or federal agency
with jurisdiction over the Parties.
17. Binding Effect. This Agreement is binding upon the Parties hereto and their
respective heirs, executors, administrators, representatives, successors, successors-in-interest,
and assigns. This Agreement shall inure to the benefit of any successors or assigns of the
Defendant.
18. Waiver. Waiver of any breach of any provision of this Agreement shall not be
deemed as a waiver of any other breach of the same or of any other provision of this Agreement.
19. Counterparts; Electronic Signatures. This Agreement may be executed in any
number of counterparts, each of which shall be an original, but all of which together shall
constitute one instrument. For purposes of this Agreement, a document (or signature page
thereto) signed and transmitted by facsimile machine or other electronic means is to be treated as
an original document. The signature of any party on any such document, for purposes hereof, is
to be considered as an original signature, and the document transmitted is to be considered to
have the same binding effect as an original signature on an original document. At the request of
any party, any facsimile or other electronic signature is to be re-executed in original form by the
party which executed the facsimile or other electronic signature. No party may raise the use of a
facsimile machine or other electronic means, or the fact that any signature was transmitted
through the use of a facsimile machine or other electronic means, as a defense to the enforcement
of this Agreement.
The Parties knowingly and voluntarily sign this Settlement Agreement, General Release and
Waiver as of the date(s) set forth below:
TATIANA CASTRO
Date: 6-9-5 - Zoe fC
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STATE OF Comee ts ay
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Personally appeared, Tatiana Castro, signer of the foregoing instrument, and acknowledged the
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Commissioner of the Superior Court
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EXHIBIT 2 - BOUNCED CHECKS
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Amount :
$4,806.26
Payroll Account
*** Four Thousand Eight Hundred Six and 26/100 Dollars ***
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Authorized Signature Thain Woon
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No. Description Rate Hours ‘Amount Description Hours Amount, Description ‘Amount ‘Amount Description Amount” > Amount
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Preview
DOCKET NO.: FBT-CV22-6119377-S SUPERIOR COURT TATIANA CASTRO J.D. OF FAIRFIELD V. AT BRIDGEPORT 3885 MAIN ST. BRIDGEPORT DENTAL INC. MAY 17, 2024 MOTION TO OPEN WITHDRAWAL AND TO ENFORCE SETTLEMENT AGREEMENT The Plaintiff, TATIANA CASTRO, hereby moves to open the judgment after withdrawing this action based on the parties having reached a binding agreement to settle; and further moves for an order| of the court to enforce the parties’ written agreement, and for an award of attorneys’ fees to Plaintiff for fees incurred in connection with the filing of this motion, as contemplated by the settlement agreement between the Parties. “A trial court has the inherent power to enforce summarily a settlement agreement as a matter off law when the terms of the agreement are clear and unambiguous. ...Agreements that end lawsuits are contracts, sometimes enforceable in a subsequent suit, but in many situations enforceable by entry of a judgment in the original suit. A court's authority to enforce a settlement by entry of judgment in the underlying action is especially clear where the settlement is reported to the court during the course of a trial or other significant courtroom proceedings.” Audubon Parking Assocs. Ltd. P'ship v. Barclay & Stubbs, Inc., 225 Conn. 804, 811, 626 A.2d 729, 733 (1993)(internal citations and quotation marks omitted). Here, on the eve of trial, the parties reached a settlement agreement and reported the same to the court. J.D.N.O dated 03/26/2024. The parties thereafter reduced that agreement to writing. Ex. /, Executed Agreement. Pursuant to the agreement’s terms, Defendant purported to issue, inter alia, two checks to Plaintiff representing, respectively, payment of wages to be reported on a W-2, and payment of emotional distress damages to be reported on a 1099. Ex. 2, Settlement Checks. Upon Plaintiff's attempts to deposit the subject checks, the subject checks bounced, and Plaintiff's financial institution instructed Plaintiffto report the “bad checks” to the police department. The subject agreement (Ex. /) provides that “The Defendant and the Plaintiff also agree that in the event of any breach of this Agreement by either party, the prevailing party shall be entitled to reasonable attorneys’ fees and costs for enforcement of this Agreement.” /d. at J 14. Plaintiff has abided by all obligations under the Agreement. Defendant has breached the Agreement by failing to tender payment as required by the same, and by issuing bad checks. WHEREFORE, Plaintiff respectfully request that this matter be set down for a hearing to summarily enforce the parties’ settlement agreement, that the Court order Defendant to pay Plaintiff the reasonable costs and attorneys’ fees incurred in connection with the filing of this Motion, and that judgment enter in Plaintiff's favor. THE PLAINTIFF, TATIANA CASTRO By: /s/ Matthew D. Paradisi Matthew D. Paradisi, Esq. Cicchiello & Cicchiello, LLP 364 Franklin Avenue Hartford, CT 06114 Phone: (860) 296-3457 Juris No. 419987 Email: mparadisi@cicchielloesg.com CERTIFICATION OF SERVICE I certify that a copy of the above was or will immediately be mailed or delivered electronically or non4 electronically on July 11, 2023, to all counsel and self-represented parties of record and that writte: consent for electronic delivery was received from all counsel and self-represented parties of record wha were or will immediately be electronically served. Andrew L. Houlding, Esq. UPDIKE KELLY & SPELLACY, P.C. 265 Church Street New Haven, CT 06510 ahoulding@uks.com /s/ Matthew D. Paradisi MATTHEW D. PARADISI Commissioner ofthe Superior Court EXHIBIT 1 - SETTLMENT AGREEMENT CONFIDENTIAL SETTLEMENT AGREEMENT AND GENERAL RELEASE This Settlement Agreement and General Release is made and entered into by and between Tatiana Castro, her agents, representatives, heirs, executors, administrators, successors, and assigns (hereinafter collectively referred to as “Plaintiff) and 3885 Main St. Bridgeport Dental, Inc., and its officers, directors, parents, affiliates, subsidiaries, successors, and assigns, and its and their agents and representatives (hereinafter collectively referred to as “Defendant”). Plaintiff and Defendant are the sole parties to this Agreement (the “Parties”). WHEREAS, the Plaintiff and the Defendant had an employment relationship; and WHEREAS, the Plaintiff was terminated from employment with the Defendant on or about September 26, 2022; and WHEREAS, the Plaintiff filed a complaint with the Connecticut Superior Court for the Judicial District of Fairfield at Bridgeport bearing Docket # FBT-CV22-6119377-S (the “Action’”); and WHEREAS, the Plaintiff and the Defendant mutually wish to settle and release any and all claims the Plaintiff has or may have against the Defendant for any reason or based on any facts or circumstances whatsoever without either the Defendant or the Plaintiff admitting any of the claims of the other party or in any way admitting any liability to the other party; and NOW THEREFORE, in consideration of the mutual promises and covenants set forth herein, the Plaintiff and the Defendant agree as follows: 1 No Admissions. This Agreement shall not in any way be construed as an admission by the Defendant that it may have acted wrongfully with respect to the Plaintiffin onnection with her employment with or her termination from employment with the Defendant or that the Plaintiff has any legal rights whatsoever against the Defendant, and the Defendant specifically disclaims any liability to or wrongful or discriminatory acts against the Plaintiff. This Agreement and its contents shall not be admissible in any proceeding as evidence of any fact or conclusion, except only that this Agreement may be introduced in a proceeding arising from a breach of the Agreement or as a defense by either Party. 2. Consideration: As consideration for the release of claims by the Plaintiff against the Defendant in Paragraph 4 hereof and her other undertakings herein, Defendant shall pay the Plaintiff a gross sum of Twenty-Five Thousand Dollars ($25,000.00) (“Settlement Sum”) within 30 days of the expiration of the revocation period set forth in Paragraph 10, as follows: (a) Six Thousand Nine Hundred Eighteen Dollars and Seventeen Cents ($6,918.17) of the Settlement Sum, less applicable deductions and tax withholdings, shall be allocated as lost wages, made payable to the Plaintiff with a Form W-2 issued to the Plaintiff. (b) Six Thousand Nine Hundred Eighteen Dollars and Seventeen Cents ($6,918.17) of the Settlement Sum shall be allocated as compensatory damages and made payable to the Plaintiff with a Form 1099 MISC issued to Plaintiff. (c) Eleven Thousand One Hundred Sixty Three Dollars and 65 cents ($11,163.65) of the Settlement Sum shall be allocated as attorney’s fees and costs and made payable to “Cicchiello & Cicchiello, LLP” (the “Firm”) with a Form 1099 MISC sent to the Plaintiff and a Form 1099 sent to the Firm. 3. No Other Consideration. Except for the payments delineated in Paragraph 2 of this Agreement, the Plaintiff expressly admits, acknowledges and agrees that no other consideration shall be provided by the Defendant to her and that she has no entitlement to, or any right to make any claim for, any additional consideration by the Defendant, individually or collectively, of any kind or under any circumstances whatsoever. Plaintiff acknowledges and agrees that the consideration set forth in Paragraph 2 of this Agreement represents good and valuable consideration to which she was not otherwise entitled. 4 Release. As a material inducement to the Defendant to enter into this Agreement, the Plaintiff for herself and her heirs, executors, administrators, successors, assigns and trustees, agents, representatives, attorneys, and any other person or entity claiming for or through her (collectively, the “Releasors”) hereby waives, releases, gives up and forever discharges the Defendant, its present and former officers, directors, managers, members, employees, trustees, consultants, predecessors, successors, subsidiaries, parents, affiliates, assigns, attorneys, insurers and agents, and all persons acting by, through, under, or in concert with any of them (collectively, the “Releasees”) of and from any and all rights, manners of action and actions, cause and causes of action, suits, complaints, debts, obligations, sums of money, covenants, contracts, controversies, bonds, trespasses, judgments, executions, agreements, promises, damages, claims, lawsuits, charges, losses, expenses, wages, commissions, bonuses, salary, stock/equity options, stock/equity issuances, liabilities, and demands of whatsoever kind, in law or in equity, under federal and state constitutions, statutes or common law, whether known or unknown, foreseen or unforeseen, arising out of or related to any aspect of Plaintiff's employment with the Defendant, any agreement concerning such employment, or the separation of such employment, including but not limited to, any and all claims of wrongful discharge or breach of contract, any and all claims for equitable estoppel, any and all claims for employee benefits, including, but not limited to, any and all claims under the Employee Retirement Income Security Act of 1974, as amended, and any and all claims of employment discrimination on any basis, and any and all claims including, but not limited to, violation of the United States and/or State of Connecticut Constitution, Title VII of the Civil Rights Act of 1964, the Pregnancy Discrimination Act, the Age Discrimination in Employment Act of 1967 (the “ADEA”), the Civil Rights Act of 1866, the Civil Rights Act of 1991, the Americans with Disabilities Act of 1990, the Fair Labor Standards Act, the Rehabilitation Act, the Equal Pay Act, the Occupational Safety and Health Act, the Labor Management Relations Act, the National Labor Relations Act, the Family and Medical Leave Act of 1993, the Connecticut Family and Medical Leave Act, the Connecticut Fair Employment Practices Act, the Connecticut Equal Pay Law, Connecticut General Statutes § 31-51m, Connecticut General Statutes § 31-51q, and the Connecticut Human Rights and Opportunities Law, or any other applicable or analogous state or federal law, any and all claims under any other federal, state, or local labor law, civil rights law, fair employment practices law, or human rights law, any and all claims of slander, libel, defamation, invasion of privacy, intentional or negligent infliction of emotional distress, intentional or negligent misrepresentation, fraud, violation of public policy, breach of contract, breach of implied covenant of good faith and fair dealing, personal injury, mental anguish, injury to health and/or personal reputation, prima facie tort, and any other claim arising out of the Plaintiff's employment with or termination from the Defendant, or under any other facts or circumstances whatsoever, any and all claims for monetary recovery, including but not limited to, back pay, front pay, liquidated, compensatory, and punitive damages, and attorneys’ fees, experts’ fees, disbursements and costs, which any of the Releasors ever had, now have, or hereafter can, shall, or may have, for, upon, or by reason of any matter, cause, or thing whatsoever from the beginning of time to the effective date of this Agreement, against any of the Releasees. Notwithstanding the foregoing, the Plaintiff does not waive her right to (i) any rights and obligations under this Agreement, and (ii) any claims that cannot be waived by law. 5. Medicare Secondary Payer Act Compliance Plaintiff and Defendant intend to comply with the Medicare Secondary Payer Act (42 U.S.C. §1395y) and understand that as used herein, the term “Medicare” includes Medicare Part A (Hospital Insurance), Medicare Part B (Medical Insurance), Medicare Part C (Medicare Advantage Organizations) and Medicare Part D (Prescription Drug Insurance). Plaintiff affirms that she is not a recipient of any Medicare or Medicaid benefits, and that she is responsible for payment of any Medicare lien or any other lien or claim that has attached or may be asserted against her for the recovery of any benefits she has received prior to the effective date of this Agreement and/or as a result of Defendant’s payment of the consideration delineated in Paragraph 2 of this Agreement. In addition to her release of all claims as set forth in Part 5 of this Agreement, Plaintiff, as Releasor, releases and forever discharges Releasees from claims or causes of action arising out of the loss of any present or future right to Medicare benefits. Releasor further waives the right to sue Releasees under Section 1395y(b)(3)(A) of the Medicare Secondary Payer Act for failure to provide for primary payment or appropriate reimbursement of any conditional payment. To the fullest extent permitted by law, Releasor agrees to defend, indemnify and hold harmless Releasees from all claims, healthcare liens, and demands for payment of Releasor’s medical expenses, and to cooperate with Releasees in the investigation and defense of any such claim, lien or demand. 6 Right to Counsel. The Plaintiff acknowledges that she has been advised of her right to consult with an attorney prior to signing this Agreement, that she has in fact had an opportunity to consult with an attorney about this Agreement, that she has been represented by counsel of her choice in the negotiation and finalization of this Agreement, and that she fully understands her rights and obligations under, and the meaning of, this Agreement. 7 Governing Law; Venue. This Agreement shall be governed by and construed under the laws of the State of Connecticut, without giving effect to any rules or principles of conflicts of law. 8. Severability. The provisions of this Agreement are severable, and if any part of it is found to be unenforceable, the other paragraphs shall remain fully valid and enforceable; provided, however, that if Plaintiff's Release is found to be unenforceable in whole or in part, Defendant shall be relieved of the obligations to pay the consideration delineated in Part 2 and shall be entitled to recover same if paid. 9. Entire Agreement/Amendments. This Agreement constitutes the entire understanding of the Parties concerning the subject matter hereof. To the extent that any other agreement between the Parties contradicts or supplements this Agreement, the Parties agree that this Agreement shall be controlling. This Agreement may be modified only by a writing signed by all Parties. 10. Revocation Rights. (a) The Plaintiff acknowledges receiving this Agreement on March 29, 2024 and that she has twenty-one (21) days from that date, through and including April 19, 2024 to consider the terms of this Agreement (the “Consideration Period”). (b) This Agreement is revocable by the Plaintiff for seven (7) days after it is signed by her (the “Revocation Period”). This Agreement shall not be effective or enforceable until the Revocation Period has expired without revocation. In order to revoke her signature, Plaintiff shall provide prompt written notice of revocation, through her counsel, to Andrew Houlding, Esq., at ahoulding@uks.com. (c) If this Agreement is not signed within the Consideration Period or is timely revoked, Defendant shall be relieved of any obligation to make any of the payments delineated in Part 2 hereof. (d) This Agreement shall take effect on the eighth day following Plaintiff's execution of this Agreement, but only if Plaintiff has timely signed this Agreement and has not timely revoked her signature. 11. Existing and Newly Initiated Claims.. By entering into this Agreement, Plaintiff agrees and warrants that she will withdraw or cause the Complaint to be withdrawn and terminate the Action. Plaintiff confirms that she is not a party to or a participant in any other claim, grievance, arbitration, charge, complaint, or action or proceeding whatsoever in any forum or form against the Defendant. To the extent that the law prohibits the Plaintiff from waiving her right to bring and/or participate in the investigation of a claim, the Plaintiff nevertheless waives her right to seek or accept any damages or relief in any proceeding by another individual or entity. 12. Tax Consequences. The Plaintiff agrees that she is fully and solely responsible for the payment of any tax liability assessed against her resulting from this Agreement and performance of the Parties’ obligations hereunder. The Plaintiff acknowledges that she has had the opportunity to consult with an accountant and/or tax attorney in connection with same. The Defendant make no representations or warranty with respect to the tax consequences arising or resulting from the performance of this Agreement. The Plaintiff agrees that she shall defend, indemnify and hold harmless the Defendant from and against any claim by any taxing or government authority with respect to taxes associated with this Agreement. This indemnification provision does not apply to the Employer’s share of any withholdings such as FICA or FUTA, on the portion of the consideration paid pursuant to Paragraph 2(a) of this Agreement. 13. No Rehire. The Plaintiff agrees not to apply for or accept employment with the Defendant or with any of their current or future parents, subsidiaries or legal affiliates (“affiliates”) or affiliations. The Plaintiff agrees that any application for employment submitted by her to Defendant or to any of their current or future parents, subsidiaries, affiliates or affiliations may be rejected based on this Agreement; and that in the event that Plaintiff becomes employed by Defendant or any affiliate, she may be terminated without liability of any kind based on this Agreement (provided, however, that Plaintiff shall be paid for any work performed prior to such termination). 14. Breach of Agreement. The Defendant and the Plaintiff also agree that in the event of any breach of this Agreement by either party, the prevailing party shall be entitled to reasonable attorney’s fees and costs for enforcement of this Agreement. 15. Confidentiality. The Defendant and the Plaintiff agree that this Agreement and copies thereof shall be treated as confidential documents and shall be distributed only to the Defendant, the Plaintiff and their respective counsel or tax professionals. The Defendant and the Plaintiff further agree and represent that the facts and terms of the resolution reflected and recorded in this Agreement are and shall remain confidential and that the Parties shall not disclose any information related to or regarding the Agreement or the negotiations and discussions that led to the Parties’ resolution of any differences, disputes, or disagreements. The Plaintiff agrees that except as required by applicable federal, state, or local law, she will maintain the confidentiality of this Agreement and make no voluntary statement or take any other action that might reasonably be expected to result in disclosure of, or any publicity concerning the terms hereof or the consideration paid to her by the Defendant. Should any third party request or demand disclosure or production of this Agreement, both the Defendant and the Plaintiff agree that no such disclosure or production shall be made without the express, written permission of the other party or pursuant to a lawful order of a court or administrative agency having competent jurisdiction to require such disclosure. 16. No Disparagement. Plaintiff agrees that she will not make any disparaging statements or comments about or relating to the Defendant, its principals, agents or employees, their affiliates, products, services, business and manner of doing business, through any means of communication, including but not limited to, print or broadcast media or any Internet communication outlet, including social media (by way of example only and without limitation: Facebook, Instagram and/or X). A disparaging statement or comment is any communication, oral or written, which would cause or tend to cause the recipient of the communication to question the business condition, integrity, competence, fairness, quality of products or services, or the good character of the person or entity to whom or to which the communication relates. A disparaging statement or comment also includes any communication, oral or written, that would have the intended or foreseeable effect of harming the reputation of Defendant and/or their affiliates. Plaintiff agrees to use reasonable best efforts to prevent any member of her immediate family from engaging in any such activity. Similarly, those principals and employees of Defendant with knowledge of this Agreement shall make no disparaging comments about Plaintiff. In response to a request from a prospective employer, if authorized by Plaintiff, Defendant shall confirm Plaintiff's dates of employment and positions held. Nothing in this Agreement prohibits either party from providing truthful information and/or testimony in connection with any investigation or proceeding conducted by a local, state, or federal agency with jurisdiction over the Parties. 17. Binding Effect. This Agreement is binding upon the Parties hereto and their respective heirs, executors, administrators, representatives, successors, successors-in-interest, and assigns. This Agreement shall inure to the benefit of any successors or assigns of the Defendant. 18. Waiver. Waiver of any breach of any provision of this Agreement shall not be deemed as a waiver of any other breach of the same or of any other provision of this Agreement. 19. Counterparts; Electronic Signatures. This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one instrument. For purposes of this Agreement, a document (or signature page thereto) signed and transmitted by facsimile machine or other electronic means is to be treated as an original document. The signature of any party on any such document, for purposes hereof, is to be considered as an original signature, and the document transmitted is to be considered to have the same binding effect as an original signature on an original document. At the request of any party, any facsimile or other electronic signature is to be re-executed in original form by the party which executed the facsimile or other electronic signature. No party may raise the use of a facsimile machine or other electronic means, or the fact that any signature was transmitted through the use of a facsimile machine or other electronic means, as a defense to the enforcement of this Agreement. The Parties knowingly and voluntarily sign this Settlement Agreement, General Release and Waiver as of the date(s) set forth below: TATIANA CASTRO Date: 6-9-5 - Zoe fC Ta tionn Custc d STATE OF Comee ts ay HeartSocr ; This ay of Ap. | : 202+/ county or Hac) So" Personally appeared, Tatiana Castro, signer of the foregoing instrument, and acknowledged the ile [> ™ Commissioner of the Superior Court eb co EXHIBIT 2 - BOUNCED CHECKS me ose =< = a sis eam vont’ SaaS cn 1208 3885 MAIN ST. BRIDGEPORT DENTAL: INC. 85. MAIN ST-STE 10° _ BRIDGEPORT, CT 06606-2814 ae 6, | 4:2/210 PAY iaf —-G, ‘TO THE ORDER “sc aha Castro LS 67g “Nine Haale aad E eiton 9s ==" pottars A: Ss CHASE 5 + JPMorgan Chase Bank, MA. ~ wy N 04 ru dg FOR rs geese 1209 3885 ‘MAIN:ST. BRIDGEPORT | DENTAL INC: «9885 MAIN'ST.ST! AIDGEPORT 00600-281 4 blofup 1-2/210 “DATE. TO THI ORDER‘0} Conn” $4.9 CHASES) nitarjan Clie Day Bi HA, eh anak Sd LA ets Cy FOR eo ih Tse o ris cE JP Morgan Chase Bank 3885 Main St Bridgeport Dental Inc 3885 Main St Ste 101 ‘thedl ate het Nos] Bridgeport, CT 06606 05/01/2024 | Amount : $4,806.26 Payroll Account *** Four Thousand Eight Hundred Six and 26/100 Dollars *** bw. 0 / Dept: 100 . PayTo The Tatiana | Castro Kegin~ Pg Order Of Authorized Signature Thain Woon Company Name [3885 Main St Gridgeport Dental Inc peer rerrreneennent ni ProcessedBy Camglete Payra ions. re: jane BESSMel M. St Ste Bridgeport, CT 06605 — o latin ‘DBA seein nn a Empl vale sa inanmen] EL “Tax Status: |Pee' Hate eer Company No, ro Pay FeeFrea| jeansWeekly ay Federal Sinele 4 “| 2.00} Employ 2 No ‘StartDawe ach 3 [Bs 7500.00] (a8i 300] Ld. Lon 100 100. EndDa | act.ne File status F ick No, Net Pay! 4306.26 Check Date| osibiaae ia Earnings Taxes Deductions & Memos Dept. Current Year ‘o-Date Tax Current aD Seduction Current ¥ No. Description Rate Hours ‘Amount Description Hours Amount, Description ‘Amount ‘Amount Description Amount” > Amount 100 [O-Repuiar Pay 750000) 6518.17 [0-Regular Pay 6308.17] Federal WH 1167.84 Tita Joasor 428.93] 428,93} Macicare 100.34 10034 CT: Stak e WH 396.24] 386.24) ~ cr Sate $01 3450] sa] Employee Totals| EoeI7 Total V1 ea] Zita Zt st Company Memo: Private Memo: