01-02-18 SETTLEMENT AGREEMENT W ALL SIGNATURES.PDF

Puente Arizona, et al. v. Paul Penzone, et al.,
Cause No. CV-14-01356-DGC (D. Ariz.)
Settlement Agreement and General Release
SETTLEMENT AGREEMENT AND GENERAL RELEASE
RECITALS
A. This Settlement Agreement and General Release ("Agreement") is made
and entered into by and between Puente Arizona, Sara Cervantes Arreola, Elia Estrada
Fernandez, Susan E. Frederick-Gray, Russell Andrew Burnette, Erin Tamayo
(collectively, "Plaintiffs"); and Maricopa County Sheriff Paul Penzone, Maricopa County
Attorney Bill Montgomery, and Maricopa County (collectively, "County Defendants")
and the State of Arizona (collectively, "Defendants"). Plaintiffs and Defendants hereafter
are collectively referenced as "the Parties."
B. Puente Arizona is a non-profit organization that brought this litigation on
behalf of itself as well as its members. John Doe I, John Doe II, and Jane Doe I, Puente
members, served as representative member-witnesses in the Lawsuit. Throughout this
Agreement, "Puente Arizona" refers to the organization as well is its members, both as a
group and individuals.
C. Plaintiffs' alleged claims (the "Claims") against Defendants arise out of the
enactment and enforcement of Arizona's identity theft and forgery laws ("the Subject
Incident"). Plaintiffs brought their Claims in the matter assigned Cause No. CV-14-
01356-PHX-DGC and styled as "Puente Arizona, et. al. v. Paul Penzone, et al.," said
cause of action filed in the United States District Court for the District of Arizona ("the
Lawsuit").
D. Defendants deny any responsibility, obligation, or liability arising out of the
Subject Incident and/or Plaintiffs' Claims but nonetheless, they desire to fully settle the
Lawsuit.
E. In the Lawsuit, the United States District Court granted summary judgment
in part for Plaintiffs against County Defendants as to some of Plaintiffs' Claims and
granted summary judgment in part for Defendants against Plaintiffs as to some of
Plaintiffs' Claims (Doc. 623). The Court thereafter entered Judgment (Doc. 702).
F. In the Lawsuit, the United States District Court awarded Plaintiffs'
attorneys' fees in the amount of $1,015,990.00; their non-taxable expenses in the amount
of $20,532.08 (Doc. 731); and taxable costs in the amount of $19,594.78 (Doc. 721).
G. Plaintiffs and Defendants jointly desire to fully and finally settle and
resolve the Lawsuit, Plaintiffs' Claims, Plaintiffs' attorneys' fees and costs, and any other
potential liability against Defendants and Defendants' past, present, and future officials,
boards, commissions, departments, agencies, divisions, officers, directors, employees,
agents, attorneys, and/or insurers, whether herein named or referred to or not, who,

Puente Arizona, et al. v. Paul Penzone, et al.,
Cause No. CV-14-01356-DGC (D. Ariz.)
Settlement Agreement and General Release
together with Defendants, may be liable to Plaintiffs in connection with matters raised
in the Lawsuit, upon the following terms and conditions.
NOW THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the Parties enter into this Agreement.
AGREEMENT
1. Incorporation of Recitals. The above Recitals are hereby incorporated
into and made part of this Agreement.
2. No Effect on the Judgment. This Agreement does not alter, amend,
replace, or supersede the Judgment entered in the Lawsuit (Doc. 702).
3. Settlement Sum. County Defendants agree to pay Plaintiffs a total sum of
NINE HUNDRED NINETY-FIVE THOUSAND ONE HUNDRED FIFTY-SEVEN
DOLLARS AND FORTY-SIX CENTS ($995,157.46) (the "Settlement Sum"). The
Parties agree that the Settlement Sum is comprised of three parts: non-taxable costs in the
amount of $20,532.08 (Doc. 731); taxable costs in the amount of $19,594.78 (Doc. 721);
and reduced attorney's fees in the amount of $955,030.60. County Defendants have
already satisfied their obligation to pay the taxable costs, and upon final execution of the
Agreement, will pay Plaintiffs $975,562.68 to satisfy the agreed upon attorneys' fees and
non-taxable costs. The Parties further agree that no post-judgment interest shall accrue
nor be paid on any portion of Plaintiffs' attorneys' fees and costs awarded in the Lawsuit
(Does. 731, 721) or agreed to herein, except that post-judgment interest shall accrue as to
any portion not fully paid to Plaintiffs on or before January 31, 2018. Plaintiffs and
Defendants intend this Agreement to mean that Defendant State of Arizona pays no
amount of the Settlement Sum.
4. Plaintiffs' Waiver of Right to Appeal. Plaintiffs agree and do hereby
WAIVE ALL RIGHTS TO APPEAL the Judgment (Doc. 702) and/or the award of
attorneys' fees and costs (Does. 731, 721).
5. Plaintiffs' General Release. Plaintiffs agree and do hereby RELEASE
AND FOREVER DISCHARGE Paul Penzone, Bill Montgomery, Maricopa County, and
the State of Arizona ("Released Parties"), their respective past, present or future
officials, boards, commissions, departments, agencies, divisions, officers, directors,
employees, agents, attorneys, and/or insurers, whether herein named or referred to or
not, who, together with Defendants, may be liable to Plaintiffs, of and from any and all
claims, demands, actions, causes of action of any nature (whether presently known or
unknown), and any liability whatsoever, that could have been asserted prior to the date of

Puente Arizona, et aL v. Paul Penzone, et aL,
Cause No. CV-14-01356-DGC (D. Ariz.)
Settlement Agreement and General Release
execution of this Agreement, on account of or in any manner arising from or relating to
the Subject Incident and/or the Lawsuit, subject to the following limitations: (1) Parties
have a right to bring a claim to enforce this Agreement if they believe that it has been
breached; (2) this release and waiver shall not apply to any claims based on acts or
omissions arising after the effective date of execution of this Agreement; and (3) this
release and waiver does not affect any claims of Puente Arizona members for which
Puente Arizona would not have had legal standing, as an organizational plaintiff, to assert
in this Lawsuit. Otherwise, Plaintiffs acknowledge and agree that this Agreement
constitutes a general release, and expressly waive and assume the risk of any and all
claims for damages which exist as of this date, but of which Plaintiffs do not know or
suspect to exist, whether through ignorance, oversight, error, negligence, gross
negligence or otherwise, and which, if known, would materially affect Plaintiffs'
decision to enter into this Agreement. Subject to the limitations above, Plaintiffs
acknowledge and agree that this Agreement releases all Released Parties from any
claims arising out of the Subject Incident and/or the State of Arizona's passage and the
County Defendants' enforcement of Arizona's identity theft and forgery laws as
described in the Lawsuit.
6. County Defendants' Waiver of Right to Appeal. In exchange for
Plaintiffs' waiver of their right to appeal the Judgment, County Defendants agree and do
hereby WAIVE ALL RIGHTS TO APPEAL the Judgment (Doc. 702) and/or the award
of attorneys' fees and costs (Does. 731, 721).
7. State of Arizona's Waiver of Right to Appeal. In exchange for
Plaintiffs' waiver of their right to appeal the Judgment, the State waives its right to appeal
any aspect of the Judgment. Each waiver constitutes due consideration for the execution
of the other.
8. Complete Compromise and Assumption of the Risk. The Parties
agree that the Parties have accepted the terms of the settlement as a complete
compromise of matters involving disputed issues of law and fact and the Parties
assume the risk that the facts or law may be otherwise than the Parties believe.
9. No Admission of Liability. It is understood and agreed by the Parties
to this Agreement that this settlement is a compromise of a disputed claim, and the
terms of settlement are not to be construed as an admission of liability on the part
of the Released Parties by whom liability is expressly denied. This full and final
settlement shall never be treated as evidence of liability, or as an admission of
wrongdoing, liability, or responsibility at any time or in any manner whatsoever.
10. No Effect on Other Litigation. This release and waiver shall not be
construed as a waiver by Plaintiffs of any right(s) to assert defenses or pursue remedies,

Puente Arizona, et al. v. Paul Penzone, et al.,
Cause No. CV-14-01356-DGC (D. Ariz.)
Settlement Agreement and General Release
such as post-conviction relief, in any and all unrelated litigation, including criminal or
immigration proceedings or as part of any petition for habeas corpus. Further, this
release and waiver shall not be construed as a waiver by any Defendant of his/its
right/duty to charge, prosecute, pursue criminal convictions, participate in, pursue, and
respond to criminal appeals, petitions for post-conviction relief, and/or any actions in
any and all unrelated litigation, including criminal or immigration proceedings or as
part of any petition for habeas corpus.
11. Authority. Plaintiffs expressly warrant and represent that each has the
sole right and exclusive authority to enter into this Agreement and receive the sums
specified in it; that there are no pending agreements, transactions, or negotiations to
which any of them is a party that would render this Agreement or any part thereof void,
voidable, or unenforceable.
12 . Representation of Comprehension of Document. Plaintiffs
acknowledge that each of them have had the opportunity to consult with an attorney
of their/its/his/her choice, have read and understand the terms of the Agreement, and
voluntarily accept those terms.
13. Entire Agreement. This Agreement contains all of the terms and
conditions agreed upon by the Parties regarding the subject matter of this Agreement.
Any prior agreements, promises, disclosures, non-disclosures, or representations, oral
or written, relating to the subject matter of this Agreement, are of no force or effect,
nor have the Parties relied upon any promises, disclosures, or duties to disclose not
expressly set forth herein. Plaintiffs further declare and represent that no promise,
inducement, or agreement not herein expressed has been made to Plaintiffs, and
that this Agreement contains the entire agreement between the Parties.
14. Construction. The Parties and their respective counsel have mutually
contributed to the negotiation of the settlement of this matter, and the preparation of this
Agreement. Accordingly, no provision of this Agreement shall be construed against any
party because that party or its counsel drafted the provision.
15. No Oral Modifications. This Agreement cannot be changed, modified, or
altered except by a written agreement signed by Plaintiffs and Defendants.
16. Survival. This Agreement shall be binding upon and inure to the benefit of
Plaintiff's respective successors and assigns.
17. Governing Law/Choice of Forum. This Agreement shall be governed by,
interpreted, and construed in accordance with the laws of the State of Arizona, without
regard for its conflict of laws and principles. Any suit, action, or proceeding arising out
of or relating to this Agreement shall be heard exclusively by the United States District

Puente Arizona, et al. v. Paul Penzone, et al.,
Cause No. CV-14-01356-DGC (D. Ariz.)
Settlement Agreement and General Release
Court for the District of Arizona located in the City of Phoenix, County of Maricopa.
The Parties to this Agreement hereby waive any objection to venue, forum non-
conveniens, or personal jurisdiction in such court. Eligibility for costs and reasonable
attorneys' fees in any dispute under this Agreement shall be governed by A.R.S. § 12-341
and § 12-341.01.
18. Counterparts. This Agreement may be executed in counterparts, each of
which shall be deemed an original, but all of which shall constitute one and the same
agreement. Copies of signatures transmitted by facsimile, email, or any other electronic
method, shall be considered authentic and binding.
19. Legal Fees, Costs and Disbursements. The Parties agree and
acknowledge that County Defendants have paid the full amount of the taxable costs
ordered by the Court (Doc. 721) separate and apart from this Agreement. Plaintiffs'
attorneys' fees and non-taxable costs, as awarded by the Court (Doc. 731), are resolved
as part of this Agreement. Any additional legal fees, costs, or disbursements associated
with Plaintiffs' Claims, the Subject Incident, the Lawsuit, or implementation of this
Agreement, shall be borne by each of the Parties independently and not otherwise shifted
or assigned to another party.
20. Effectiveness. This Agreement shall become effective following its
execution by all Parties.
21. Third Party Beneficiaries. The Parties intend and agree that all Released
Parties are third-party beneficiaries under this Agreement, with all rights associated
therewith.
22. Headings. Any heading preceding the text of the paragraphs hereof are
inserted solely for the convenience of reference and shall not constitute a part of this
Agreement, nor shall they affect its meaning, construction, or effect.
23. Severability and Construction. If any provision of this Agreement shall
be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the
remaining provisions shall remain in force and effect if the essential terms and conditions
of this Agreement for each party remain valid, binding, and enforceable.
THE UNDERSIGNED HAVE READ THIS RELEASE AND UNDERSTAND ITS
TERMS AND EXECUTE IT VOLUNTARILY WITH FULL KNOWLEDGE OF
THOSE TERMS AND THEIR SIGNIFICANCE.

Puente Arizona, et al. v. Paul Penzone, et aL,
Cause No. CV-14-01356-DGC (D. Ariz.)
Settlement Agreement and General Release
1.
Puente Arizona byf 6A0.10,s,r). t-okatt., , its duly authorized repre EatAx.,-\:,vc
Date: 42.0von
STATE OF ARIZONA )
) ss.
County of Maricop a
SUBSCRIBED AND SWORN to before me on this Abl-day of , 201.1 by
My Commission Expires:
JANET ROCHA CASANOVA
Notary Public—Arizona
Maricopa County
My Comm. Expires Apr 20, 2021
Sara Cervantes Arreola
Date: ‘1,,\ \ZO n
STA:1 E OF ARIZONA
) ss.
County of Maricopa
SUBSCRIBED AND SWORN to before me on this 1 **: day of e.ton,1082. , 2013 by
My Commission Expires: al-A 12,D12.02,1
JANET ROCHA CASANOVA
Notary Public —Arizona
Maricopa County
4 My Com m. Expires Apr 20, 2021

Puente Arizona, at aL v. Paul Penzone, at aL,
Cause No. CV-14-01356-DGC (D. Ariz.)
Settlement Agreement and General Release
3.
Elia Estrada Fernandez
Date: 11-174
STAIE OF ARIZONA
) ss.
County of Maricopa
SUBSCRIBED AND SWORN to before me on this i1is day of bectienber , 2011, by
Elia Estrada Fernandez
My Commission Expires: 01 12.012.02-1
JANErROCHA Notary Public—Arizona CASANOVA
My COrtirn. Maricopa Explfes County Apr 20,2021
Susan E. Frederick-Gray
Date:
STATE OF ARIZONA
) ss.
County of Maricopa
SUBSCRIBED AND SWORN to before me on this day of , 201_, by
Susan E. Frederick-Gray
My Commission Expires:
NOTARY PUBLIC

Puente Arizona, et al. v. Paul Penzone, et al.,
Cause No. CV-14-01356-DGC (D. Ariz.)
Settlement Agreement and General Release
3.
Elia Estrada Fernandez
Date:
STATE OF ARIZONA
County of Maricopa
SUBSCRIBED AND SWORN to before me on this day of , 201_, by
Elia Estrada Fernandez
My Commission Expires:
NOTARY PUBLIC
4,
Susan E. Frederick-Gray
Date:
/0354 ela364(
S TA 1 P, OF-UZI:MENA )
) ss.
County of ,J ,q,..7g-t,-5
SUBSCRIBED AND SWORN to before the on this 2 day of aeeinAle, 201/, by
Susan E. Frederick-Gray
&Lb Ahmed - My Commission Expires: /0/ 114079
NOTARY PUBLIC
• SUSAN 1;r: HELBERT
IfICOMMOMARg --) • y ni . aotary t-THNOssFlo.MnAESSA Public xpiCiel4Us SETTS
. Otiptiiar 1r2019

Puente Arizona, et at v. Paul Penzone, et at,
Cause No. CV-14-01356-DGC (D. Ariz.)
Settlement Agreement and General Release
5.
Russell Andrei Burnette
Date id — /C - /7
STATE OF ARIZONA
) ss.
County of Maricopa
SUBSCRIBED AND SWORN to before me on this \ ‘Iliday of 2011, by
Russell Andrew Bumette
My Commission Expires: \ 110 11.67,0
OFFICIAL SEAL
6. GUADALUPE MANZO-CASTILIO
Notay Pubric - State of Arizona
1 MARICOPA COUNTY
My Comm. Expires Nov. 20, 2020 !
Erin Tamayo
Date:
STATE OF ARIZONA
County of Maricopa
SUBSCRIBED AND SWORN to before me on this day of , 201_, by Erin
Tamayo
My Commission Expires:
NOTARY PUBLIC

Puente Arizona, et al. v. Paul Penzone, etal.,
Cause No. CV-14-01356-DGC (D. Ariz.)
Settlement Agreement and General Release
5,
Russell Andrew Burnette
Date:
STATE OF ARIZONA
) ss.
County of Maricopa
SUBSCRIBED AND SWORN to before me on this day of , 201, by
Russell Andrew Bumette
My Commission Expires:
NOTARY PUBLIC
Erin Tamayo
Date:
STATE OF ARIZONA )
) ss.
County of Maricopa
SUBSCRIBED AND SWORN to before me on this Itrday of &ç , 2013, by Erin
Tamayo
My Commission Expires: 041213121124
JANET ROCHA CASANOVA
Notary Public - Arizona
Mancopa County
My Comm. Expires Apr 20,2021

Puente Arizona, et al. v. Paul Penzone, et al.,
Cause No. CV-14-01356-DGC (D. Ariz.)
Settlement Agreement and General Release
Approved as to form and content only:
Anne Lai
University of California, Irvine School of
Law Immigrant Rights Clinic
Attorney for Plaintiffs
7. Mark Bmovich
Attorney General
By: Dated:
Brock Heathcotte
Dominic Draye
Keith J. Miller
Attorneys for Defendants State of Arizona
8.
DATED:
Chair, Maricopa County Board of
Supervisors
IEST:
Clerk of the Board of Supervisors Date
Approved as to FORM:
Attorney for Maricopa County

Certificate of Translation
1, JANET CASANOVA, certify that I am fluent in Spanish and English. I have
translated the foregoing Settlement Agreement and General Release from English to
Spanish for SARA CERVANTES ARREOLA to the best of my ability.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on this ) (-144"- day of /ie.p,r)i X , Arizona.

Certificate of Translation
I, JANET CASANOVA, certify that I am fluent in Spanish and English. I have
translated the foregoing Settlement Agreement and General Release from English to
Spanish for ELIA ESTRADA FERNANDEZ to the best of my ability.
I declare under penalty of perjmy that the foregoing is true and correct.
Executed on this 1 °—day of beftikeK in (41Del//)\4 , Arizona.

Puente Arizona, et al. v. Paul Penzone, etal.,
Cause No. CV-14-01356-DGC (D. Ariz.)
Settlement Agreement and General Release
Approved as to form and content only:
Anne Lai
University of California, Irvine School of
Law Immigrant Rights Clinic
Attorney for Plaintiffs
7. Mark Bmovich
Attorney General
By/d7, ,d-, Dated: 2-/79//
'Brock Heathcotte
Dominic Draye
Keith J. Miller
Attorneys for Defendants State of Arizona
8.
DATED:
Chair, Maricopa County Board of
Supervisors
ATTEST:
Clerk of the Board of Supervisors Date
Approved as to FORM:
Attorney for Maricopa County

Puente Arizona, et al. v. Paul Penzone, et al.,
Cause No. CV-14-01356-DGC (D. Ariz.)
Settlement Agreement and General Release
Approved as to form and content only:
Anne Lai
University of California, Irvine School of
Law Immigrant Rights Clinic
Attorney for Plaintiffs
7. Mark Brnovich
Attorney General
By: Dated:
Brock Heathcotte
Dominic Draye
Keith J. Miller
Attorneys for Defendants State of Arizona
8.
DAILD:
Chair, Maricopa County Board of
Supervisors
ATTEST:
Clerk of the Board of Supervisors Date
Approved as to FORM:
Attorney for Maricopa County

Puente Arizona, et al. v. Paul Penzone, et al.,
Cause No. CV-14-01356-DGC (D. Ariz.)
Settlement Agreement and General Release
Approved as to FORM:
c.
AU ey for Sheriff Paul Pe, one
Approved as to FORM:
Attorney for Maricopa County
Attorney William Montgomery

Puente Arizona, et al. v. Paul Penzone, etal.,
Cause No. CV-14-01356-DGC (D. Ariz.)
Settlement Agreement and General Release
Approved as to FORM:
Attorney for Sheriff Paul Penzone
Approved as to FORM:
Attorney for Maricopa County
Attorney William Montgomery