SETTLEMENT AGREEMENT AND RELEASESettlement Agreement • April 25th, 2019 • California
Contract Type FiledApril 25th, 2019 JurisdictionThis Settlement Agreement and Release is entered into between and among Dr. David S. Muransky, Adriana Tibbetts, Darryl Tibbetts and Kristy Zhang, (“Class Representatives”), on behalf of themselves and the Settlement Class (as hereinafter defined), and The Cheesecake Factory Incorporated, d/b/a The Cheesecake Factory, a Delaware corporation, and The Cheesecake Factory Restaurants, Inc., a California corporation (collectively, “Cheesecake”) and GK Software USA, Inc., a Delaware corporation (“GK Software”) (collectively, “Parties”). As provided herein, this Agreement fully and finally compromises and settles any and all claims for violation of the Fair and Accurate Credit Transactions Act, 15 U.S.C. §§ 1681 et seq., (“FACTA”), and any and all claims that were or could have been asserted in the lawsuits originally styled as Muransky v. The Cheesecake Factory Restaurants, Inc., No. 17-CV-60229-JEM (S.D. Fl.); Tibbetts v. The Cheesecake Factory Restaurants, Inc., No. 2:17-cv-00968-LDW-AYS (