So SIA and Mr.xxx reached a settlement without a court contest. No judge or jury ever made a judgment on this case.
SIA's main concerns were (a) To have claims of racial discrimination dropped, (b) They needed to not come back empty handed after spending 10s of thousands of dollars chasing a guy which was actually laid off his job at that time with barely any assets.
So the deal was for Mr.xxx to agree to a stipulated Judgement for entry by the court for the full amount of US $205,000 in return for an unknown deal. xxx was gagged.
October 29, 1997
Case No. 96-5858FDB
STIPULATION AND ORDER DISMISSING DEFENDANT'S COUNTERCLAIMS AND DIRECTING CLERK TO ENTER JUDGEMENT FOR PLAINTIFF.
I. STIPULATION
Plaintiff Singapore Airlines, Ltd. ("SIA") and defendant xxx stipulate and agree as follows:
1. SIA is the "flag" commercial air carrier of the republic of Singapore, with its headquarters and center of operations in Singapore. xxx is a pilot and former Singapore-based employee of SIA. SIA brought this action against xxx to recover a portion of the cost of training xxx to fly commercial aircraft.
2. The parties agree that xxx executed a "Bonding Agreement" in which he promised to reimburse SIA for a portion of these training costs on a sliding scale if he separated from SIA before completing seven years service. The parties also agree that xxx resigned during his second year of service, and that neither he nor the sureties to his bonding Agreement have made or attempted repayment.
3. In responce to SIA's complaint, xxx brought counterclaims alleging that SIA and its agents had discriminated against him on the basis of his race and national origin, as a result of which he was constructively discharged. xxx also argued that SIA was improperly withholding his wages in violation of the State of xxx law, that SIA fraudulently or negligently induced him to enter into the employment relationship and bonding agreement, and that the liquidated damages provisions of the bonding agreemnet is an unenforceable penalty clause.
4. Following discovery and mediation, the parties have agreed upon a settlement of the lawsuit.
5. As part of the settlement, xxx agrees and requests that his counterclaims agaimst SIA be DISMISSED WITH PREJUDICE in their entirety.
6. In addition, xxx and SIA independently agree that SIA's claims against xxx, which are based on breach of contract and unjust enrichment, should be appropriately and reasonably resolved by entry of judgment against xxx in the amount of U.S. $205,000.
7. The parties agree that each party shall bear his/its own costs, except for such costs as are included in the judgement amount.
8. The parties further agree that their settlement Agreement is contingent upon entry of the agreed amount.
II. ORDER
PURSUENT TO the forwgoing Stipulation, IT IS HEREBY ORDERED:
1. xxx counterclaims in this matter are DISMISSED WITH PREJUDICE in their entirety;
2. The Clerk is directed to promptly enter judgment for SIA on its breach of contract and unjust enrichment claims against XXX, in the amount of U.S. $205,000.
3. Each party is to bear its own costs.
IT IS FURTHER ORDERED that this court having addressed all of the claims and counterclaims in their entirety, the issues in this action are completely resolved.
DONE IN OPEN COURT this 29 day of October, 1997.