Case 4:25-cv-01116-YGR Document 73-3 Filed 07/10/26 Page 1 of 3 EXHIBIT 2
Case 4:25-CV-01116-YGR Document 73-3 Filed 07/10/26 Page 2 of 3
ATTACHMENT IV
AMENDMENT TO SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS GHALI, ET AL. v. CITY OF HAYWARD
Case No. 4:25-CV-01116-YGR
Plaintiffs Andrew Ghali, et al. and Defendant City of Hayward, by and through their respective counsel of record, have met and conferred regarding this amendment to the "Settlement Agreement and General Release of All Claims" to correct an administrative error in Plaintiff Roman Velmonte's damages allocation.
WHEREAS, the Parties reached a Settlement Agreement that was fully executed on April 3, 2026;
WHEREAS, the Parties' Settlement Agreement monetary total of $600,000 was allocated as follows: $435,000 to Plaintiffs and putative plaintiffs for damages; $5,000 to Andrew Ghali as a service award; and $160,000 to Plaintiffs' counsel for attorneys' fees and costs; WHEREAS, the "Settlement Agreement and General Release of All Claims," including the individual damages allocations, was sent out to all joined Plaintiffs to obtain their signatures on the "Settlement Agreement and Release Individual Signature Pages"; WHEREAS, after a majority of the fully executed "Settlement Agreement and Release Individual Signature Pages" had already been returned to Plaintiffs' counsel, the Parties discovered an administrative error that affected the damages calculations of joined Plaintiff Roman Velmonte; the error was unique to Roman Velmonte's circumstances and affected no other individual; WHEREAS, under the original calculations, the damages allocated to Roman Velmonte totaled $125 ($62.50 in back wages and $62.50 in liquidated damages), and the damages total under the corrected calculations total $562.68 ($281.34 in back wages and $281.34 in liquidated damages), a difference of $437.68;
WHEREAS, to resolve the discrepancy and allow full payment to Plaintiff Roman Velmonte without altering the amounts paid to any other Plaintiff or putative plaintiff, Plaintiffs' counsel agreed to a reduction in the attorneys' fees of $437.68 to be reallocated as damages.
TERMS
IT IS HEREBY AGREED, by and between the Parties hereto, by and through their respective counsel of record:
1) The Parties' Settlement Agreement monetary total of $600,000 shall be allocated as follows: $435,437.68 to Plaintiffs and putative plaintiffs for damages; $5,000 to Andrew Ghali as a service award; and $159,562.32 to Plaintiffs' counsel for attorneys' fees and costs;
2) Plaintiff Roman Velmonte's allocation shall be $281.34 in back wages and $281.34 in liquidated damages, for a total of $562.68.
Case 4:25-CV-01116-YGR Document 73-3 Filed 07/10/26 Page 3 of 3 IN WITNESS WHEREOF, the PARTIES hereto have executed this AMENDMENT on the date written below.
Dated: 06/24/2026
Jennifer Oll
City Manager
City of Hayward
APPROVED AS TO FORM AND CONTENT:
MASTAGNI HOLSTEDT, A.P.C.
DIEN
Dated: 6/25/26
DAVID E. MASTAGNI
Attorneys for Plaintiffs
LIEBERT CASSIDY WHITMORE
Dated: 6/24/26 tel
LISA S. CHARBONNEAU
Attorney for the City of Hayward