IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF FLORIDA

WEST PALM BEACH DIVISION

CASE NO. 9:20-CV-80971-RAR

LINDA PACE, individually, and on behalf of 

herself and other similarly situated current and 

former employees,

Plaintiff,

v.

ACADIA HEALTHCARE COMPANY, INC., 

a Delaware Corporation, and BOWLING 

GREEN INN OF PENSACOLA, LLC a 

Virginia Limited Liability Company, together 

d/b/a Wellness Resource Center, 

Defendants.

_____________________________________/

JOINT MOTION TO APPROVE SETTLEMENT AND DISMISS WITH PREJUDICE

Plaintiff Linda Pace and Defendants Acadia Healthcare Company, Inc. (“Acadia”) and

Bowling Green Inn of Pensacola, LLC (“Bowling Green”), by and through undersigned counsel, 

hereby file this Joint Motion to Approve Settlement. In support of this motion, the parties rely on 

their contemporaneously filed Memorandum of Law and further state as follows:

1. Plaintiff filed the instant action on behalf of herself and purportedly on behalf of 

others similarly situated alleging that Defendants violated the Fair Labor Standards Act, as 

amended, 29 U.S.C. § 201, et seq. (“FLSA”). No collective class has been conditionally certified, 

and no other purportedly similarly situated individuals have opted into the lawsuit.

2. To avoid the costs and the uncertainty of litigation, the parties have negotiated a 

resolution of this matter during a settlement conference on November 12, 2020, facilitated by 

Magistrate Judge Bruce Reinhart.

Case 9:20-cv-80971-RAR Document 36 Entered on FLSD Docket 12/03/2020 Page 1 of 4
2

3. In the instant compromise and settlement, Defendants have agreed to pay Plaintiff 

an amount in consideration of Plaintiff’s claims for wages and overtime allegedly due, although 

Defendants deny any failure to timely, lawfully and properly pay Plaintiff or any prospective 

Plaintiff any such sums. The parties agree that the amount to be paid is a fair and reasonable 

compromise of the Plaintiff’s claims and Defendants’ positions and defenses. The parties also 

agree that the portion of the settlement allocated to attorneys’ fees is fair and reasonable relative 

to the settlement amount received by Plaintiff and in consideration of the fees incurred and the 

time and effort Plaintiff’s counsel has spent on the case.1 “Accordingly, the parties request that 

the Court approve the Settlement and Release Agreement a copy of which is attached hereto as 

Exhibit A.

4. As part of the settlement reached between the parties, Plaintiff has agreed to dismiss 

this action with prejudice upon approval by the Court of the contemporaneously submitted 

Settlement and Release Agreement. Accordingly, the parties request that this matter be dismissed 

with prejudice and that the Court enter the Agreed Order of Dismissal attached to this Motion.

WHEREFORE, the undersigned counsel respectfully request that this Court enter an Order 

approving the Settlement and Release Agreement and dismissing the claims made by Plaintiff 

against Defendant in this action with prejudice.

Respectfully submitted,

By: /s/ Robert E. Morelli III

J. Russ Bryant (TN BPR #33830)

Robert E. Morelli, III (TN BPR #37004)

JACKSON, SHIELDS, YEISER, HOLT

OWEN & BRYANT

262 German Oak Drive

Memphis, Tennessee 38018

Telephone: (901) 754-8001

By: /s/ Susan N. Eisenberg_______

Susan N. Eisenberg

Florida Bar No. 600393

Arielle S. Eisenberg

Florida Bar No. 0111467

COZEN O’CONNOR

200 South Biscayne Blvd.

Suite 3000

 

1 Plaintiff’s counsel shall file a separate motion addressing the reasonableness of their fees.

Case 9:20-cv-80971-RAR Document 36 Entered on FLSD Docket 12/03/2020 Page 2 of 4
3

Facsimile: (901) 754-8524

rbryant@jsyc.com

rmorelli@jsyc.com

Miami, Florida 33131

Telephone: (305) 704-5941

Facsimile: (786) 220-0207

seisenberg@cozen.com

aeisenberg@cozen.com

Alan Quiles (FL Bar No. 62431)

Gregg I. Shavitz (FL Bar No. 11398)

SHAVITZ LAW GROUP, P.A.

951 Yamato Road, Suite 285

Boca Raton, Florida 33431

Telephone: (561) 447-8888

Facsimile: (561) 447-8831

aquiles@shavitzlaw.com

gshavitz@shavitzlaw.com

ATTORNEYS FOR PLAINTIFF

Andrew S. Naylor (admitted pro hac vice)

Frederick L. Conrad III (admitted pro hac 

vice)

Waller Lansden Dortch & Davis, LLP

Nashville City Center

511 Union Street, Suite 2700

Post Office Box 198966

Nashville, Tennessee 37219-8966

Phone: 615-244-6380

andy.naylor@wallerlaw.com

trip.conrad@wallerlaw.com

ATTORNEYS FOR DEFENDANTS

Case 9:20-cv-80971-RAR Document 36 Entered on FLSD Docket 12/03/2020 Page 3 of 4
4

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on December 3, 2020, I electronically filed the foregoing with 

the Clerk of the Court by using the CM/ECF system. I also certify that the foregoing document 

is being served this day on all counsel of record via transmission of Notices of Electronic Filing 

generated by CM/ECF or in some other authorized manner for those counsel or parties who are 

not authorized to receive electronically Notices of Electronic Filing.

/s/ Susan N. Eisenberg

Susan N. Eisenberg

Case 9:20-cv-80971-RAR Document 36 Entered on FLSD Docket 12/03/2020 Page 4 of 4