1 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF FLORIDA 

TALLAHASSEE DIVISION 

ARCHIE HOGAN JR., 

 Plaintiff, 

 Case No.: 4:20-CV-280 

v. 

3101 GINGER DRIVE OPERATIONS, LLC, 

D/B/A HERITAGE HEALTHCARE 

CENTER AT TALLAHASSEE, 

 Defendant. 

__________________________________________/ 

JOINT MOTION TO APPROVE FLSA 

SETTLEMENT AND TO DISMISS WITH PREJUDICE 

 Plaintiff, Archie Hogan (“Plaintiff”), and Defendant, 3101 Ginger Drive 

Operations, LLC, d/b/a Heritage Healthcare Center at Tallahassee (“Defendant”), 

hereby notify the Court that the parties have resolved all claims raised in this matter 

under the Fair Labor Standards Act and stipulate to the dismissal of all such claims 

in this action with prejudice. As such, the parties file this Joint Motion to Approve 

FLSA Settlement and Dismiss with Prejudice and state as follows: 

FACTUAL BACKGROUND 

1. Plaintiff was a Maintenance Assistant for Defendant. Defendant’s 

former Executive Director, Heidi Smith (“Ms. Smith”), hired Plaintiff. Plaintiff 

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alleges, in part, that he was not paid overtime while working under Ms. Smith’s 

supervision. 

2. On February 2, 2020, Plaintiff, filed a two-count complaint against 

Defendant under the Florida Civil Rights Act, Chapter 760, Florida Statutes, and the 

Fair Labor Standards Act (“FLSA”) in the Circuit Court of Leon County. (Dkt. 1-

1). Defendant then removed the case to the United States District Court, Northern 

District of Florida, Tallahassee Division. (Dkt. 1-2). 

3. As to his FLSA allegations, Plaintiff claimed he worked in excess of 

forty hours within a work week for Defendant performing tasks, and that he was 

entitled to be compensated for these overtime hours at a rate equal to one and onehalf times his regular hourly rate, but that he was not paid for many of the overtime 

hours he worked. 

4. Defendant contends that it paid Plaintiff in full, and that Plaintiff is not 

owed any overtime wages under the FLSA. Defendant further contends that it is not 

liable under any of the other counts alleged in Plaintiff’s complaint and referenced 

in paragraph 2 above. 

5. The parties determined that they prefer to amicably conclude the instant 

litigation, while taking into account the cost and time associated with ongoing 

litigation as well as the uncertainty and risks inherent in any litigation. 

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6. The parties’ counsel engaged in substantive settlement discussions 

regarding Plaintiff’s FLSA claim. The parties reached an agreement to resolve the 

FLSA claim made by Plaintiff. 

7. To avoid risks and unknowns, as well as the costs of protracted 

litigation, the parties desire to fully and finally resolve this action with prejudice, as 

to all counts, claims, and parties. After a full review of the facts and information, the 

parties who have been represented by counsel at all times, agree that the negotiated 

terms of the Fair Labor Standards Act Settlement Agreement, (Exhibit A), 

represents a fair, reasonable, and just compromise of the disputed issues. 

8. Taking into consideration Plaintiff’s claims and Defendant’s defenses, 

the parties have reached a fair compromise of a total of $30,000.00 in recovery for 

Plaintiff. This settlement will be allocated with the following amounts payable to 

Plaintiff: $11,703.54 in FLSA damages and $5,203.54, which was negotiated 

separately, for all claims Plaintiff has made, or could ever make, arising out of his 

employment with Defendant. Additionally, Plaintiff’s counsel will receive 

$13,092.92 in attorneys’ fees and costs as part of a contingency fee agreement with 

Plaintiff to be paid by Defendant. 

9. The parties jointly submit to the Court that there has been sufficient 

investigation and exchange of information to allow counsel for Plaintiff and 

Defendant to evaluate the parties’ claims and defenses and make recommendations 

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regarding the resolution of Plaintiff’s FLSA claim in this matter. The parties’ 

primary dispute, as to the FLSA claim, involved whether Plaintiff actually worked 

the number of hours he claims and whether he was paid for all hours worked. 

10. The parties have memorialized the settlement terms in the Fair Labor 

Standards Act Settlement Agreement (Exhibit A). 

MEMORANDUM OF LAW 

 In agreeing upon their settlement reached herein, the parties advise the Court 

that they obtained sufficient information to allow them to make informed decisions 

after having had the opportunity to analyze their respective claims and defenses. The 

parties also respectfully submit that the settlement reached among the parties should 

be approved by this Court as fair and reasonable. See 29 U.S.C. § 216(c); Lynn’s 

Food Stores, Inc. v. United States, 679 F. 2d 1350, 1353 (11th Cir. 1982). Pursuant 

to Lynn’s Food, the Court’s review of the parties’ agreement is to determine if it is 

“a fair and reasonable resolution of a bona fide dispute.” Id. at 1354-55. If the 

settlement reflects a reasonable resolution compromise over issues that are actually 

in dispute, the Court may approve the settlement “in order to promote the policy of 

encouraging settlement of litigation.” Id. at 1354. Courts have routinely recognized 

a “strong presumption” in favor of finding a settlement fair. See, e.g., Gruendner v. 

Douce France Bakery, Inc., 2012 WL 3140917, *1 (M.D. Fla. Jul. 6, 2012); Lalog 

v. Hilton Resorts Corp., 2011 WL 1659383, *3 (M.D. Fla. Apr. 4, 2012). 

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 At all times material hereto, Plaintiff and Defendant were represented by 

counsel experienced in litigating FLSA claims. Both the terms and conditions of the 

parties’ settlement agreement and the settlement amount were the subject of armslength negotiations between counsels. The settlement amount was based on 

information learned through the exchange of Plaintiff’s statement of claim, pay 

records, and time records. The parties, therefore, respectfully submit that the 

agreement they have entered into represents a reasonable compromise of Plaintiff’s 

claims consistent with the intent and purpose of the FLSA and the requirements of 

Lynn’s Food. See, e.g., Fernandez v. A-1 Duran Roofing, Inc., 2013 WL 684736, 

*2 (S.D. Fla. Feb. 25, 2013) (approving settlement where parties were represented 

by counsel). The Court shall “in addition to any judgment awarded to the plaintiff

or plaintiffs, allow a reasonable attorney’s fee to be paid by the defendant, and costs 

of the action.” 29 USCS § 216(b). 

CONCLUSION 

 Based upon the foregoing, the parties respectfully submit that the settlement 

reached herein was a reasonable compromise that was arrived at after due 

consideration. Pursuant to Lynn’s Food, the parties request that the Court approve 

the parties’ settlement as fair and reasonable and dismiss this case with prejudice. 

 

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Dated: December 11, 2020. 

Respectfully submitted, 

/s/ Meghan C. McDonough 

Laura C. Datz, Esq. 

Florida Bar No.: 91386 

Laura.c.datz@consulatehc.com 

Meghan C. McDonough 

Florida Bar No.: 89143 

Meghan.c.mcdonough@consulatehc.com

Office of General Counsel 

Consulate Health Care 

Office of General 

5102 West Laurel Street 

Suite 700 

Tampa, Florida 33607 

Telephone: (813) 769-6280 

Facsimile: (813) 769-6281 

Attorneys for Defendants 

/s/ Elena Komsky 

Marie A. Mattox 

Florida Bar No.: 0739685 

marie@mattoxlaw.com 

Elena Komsky 

Florida Bar No.: 116000 

elena@mattoxlaw.com 

Marie A. Mattox, P.A. 

203 North Gadsden Street 

Tallahassee, Florida 32301 

Attorneys for Plaintiff 

Telephone: (850) 383-4800 

Facsimile: (850) 383-4801 

Attorneys for Plaintiff 

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing was served 

via CM/ECF on this 11th day of December 2020, to the following: all CM/ECF users 

of record on this case. 

/s/ Meghan C. McDonough

 Meghan C. McDonough 

 Florida Bar No.: 89143 

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FAIR LABOR STANDARDS ACT 

SETTLEMENT AGREEMENT 

This Fair Labor Standards Act Settlement Agreement (“Agreement”) is made and entered 

into by and between Archie Hogan (hereinafter “Plaintiff”) and 3101 Ginger Drive Operations, 

LLC, d/b/a Heritage Healthcare Center at Tallahassee (hereinafter “Defendant”). 

Plaintiff was previously employed by Defendant. Plaintiff has brought claims against 

Defendant for unpaid overtime wages under the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 

201 et seq., in the United States District Court for the Northern District of Florida, Tallahassee 

Division, Case No. 4:20-CV-280. 

In consideration for the mutual promises set forth below, Defendant and Plaintiff agree as 

follows: 

1. Defendant will make the payments specified in paragraph 2 in return for

Plaintiff’s dismissal with prejudice of the claims he has brought against Defendant in the matter 

of Archie Hogan v. 3101 Ginger Drive Operations, LLC, d/b/a Heritage Healthcare Center at 

Tallahassee, Case No. 4:20-CV-280, pending in the United States District Court for the Northern 

District of Florida, Tallahassee Division. 

2. Provided this Court enters an Order approving this agreement prior to the dates

outlined below in parts b(i) through (b)vi, Defendant will issue payment to Plaintiff as follows: 

a. Defendant shall provide Plaintiff with payment in the gross amount of thirty thousand

dollars and no cents ($30,000.00), less all applicable, standard taxable withholdings.

Plaintiff agrees to provide Defendant with a fully-executed IRS Form W-4 for

Plaintiff, and a fully executed W-9 for Plaintiff’s attorneys.

b. The payment of money to Plaintiff will be made payable as follows:

i. One check in the amount of three thousand dollars and no cents

($3,000.00) made out to “Law Office of Marie A. Mattox, P.A.” for allegations of 

attorney’s fees and costs, to be paid by December 18, 2020.

ii. One check in the amount of six thousand five dollars and no cents

($6,500.00) made out to “Archie Hogan,” less all applicable, standard taxable 

withholdings, for allegations of the FLSA, to be paid by January 15, 2021. 

iii. One check in the amount of five thousand forty six dollars and forty-six

cents ($5,046.46) for allegations of attorney’s fees and costs made out to “Law Office of 

Marie A. Mattox, P.A.” to be paid by January 15, 2021. 

iv. One check in the amount of five thousand two hundred three dollars and

fifty-four cents ($5,203.54) made out to “Archie Hogan,” less all applicable, standard 

taxable withholdings, for allegations of the FLSA, to be paid by February 19, 2021. 

  
 


		


EXHIBIT A

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v. One check in the amount of five thousand forty six dollars and forty-six 

cents ($5,046.46) for allegations of attorney’s fees and costs made out to “Law Office of 

Marie A. Mattox, P.A.” to be paid by February 19, 2021. 

vi. One check in the amount of five thousand two hundred three dollars and 

fifty-four cents ($5,203.54) made out to “Archie Hogan,” less all applicable, standard 

taxable withholdings, in consideration for all claims Plaintiff has made, or could ever 

make, arising out of his employment with Defendant, to be paid by March 19, 2021. 

3. Plaintiff promises and obligates himself to perform the following covenants under 

this Agreement: 

a. Plaintiff agrees that the amount set forth in paragraph 2 represents fair 

compensation for any unpaid wages, unpaid overtime, liquidated damages, and attorneys’ fees 

and costs that he might have been able to recover from Defendant in connection with the claims 

she has brought against Defendant in the matter of Archie Hogan v. 3101 Ginger Drive 

Operations, LLC, d/b/a Heritage Healthcare Center at Tallahassee, Case No. 4:20-CV-280, 

pending in the United States District Court for the Northern District of Florida, Tallahassee 

Division. 

b. Plaintiff agrees, upon the receipt of the settlement amount described in paragraph 

2, to file a stipulation with the Court voluntarily seeking to dismiss with prejudice the claims she 

has brought against Defendant in the matter of Archie Hogan v. 3101 Ginger Drive Operations, 

LLC, d/b/a Heritage Healthcare Center at Tallahassee, Case No. 4:20-CV-280, pending in the 

United States District Court for the Northern District of Florida, Tallahassee Division. 

c. Plaintiff acknowledges and agrees that he is solely and exclusively liable for any 

and all tax liability arising from the payment of the consideration set forth in paragraph 2. 

However, Plaintiff is not to be held liable if Defendant fails to pay the payroll taxes it withheld 

from Plaintiff’s settlement described in paragraph 2 or to calculate them correctly. 

4. By entering into this Agreement, Defendant does not admit any underlying 

liability to Plaintiff. Defendant simply wishes to resolve the pending claims to avoid the 

distraction and cost of litigation. 

5. Any and all prior understandings and agreements between Plaintiff and Defendant 

with respect to the subject matter of this Agreement are merged into this Agreement, which fully 

and completely expresses the entire Agreement and understanding of Plaintiff and Defendant 

with respect to the subject matter hereof. This Agreement may not be orally amended, modified, 

or changed. 

6. This Agreement is made and entered into in the State of Florida and shall in all 

respects be interpreted, enforced, and governed under the laws of the said state. Should any 

provision of this Agreement be declared or be determined by any court to be illegal or invalid, 

the validity of the remaining parts, terms, or provisions shall not be affected thereby and said 

  
 


		


EXHIBIT A

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