IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

BUDDY GILL, §

§

Plaintiff, §

§

vs. § Case No.: 1:06-cv-718

§

SORRELLS FUNERAL HOME, INC., §

and TERRY G. SORRELLS, §

§

Defendants. §

JOINT MOTION FOR APPROVAL OF SETTLEMENT

COME NOW the parties to this litigation, including Plaintiff and Defendants, through counsel, and 

hereby jointly move for court approval of the settlement of this dispute, the terms of which are attached 

herein as Exhibit A. As grounds therefor, the parties state as follows:

1. This is a private action for back wages under the Fair Labor Standards Acts, 29 USC §216

(“FLSA”). 

2. "In reviewing a settlement of an FLSA private claim, the court must 'scrutinize the settlement 

for fairness,' and determine that the settlement is a 'fair' and reasonable resolution of a bona fide dispute 

over FLSA provisions." Stalnaker vs. Novar Corporation, 293 F. Supp. 2d 1260 (M.D.AL 2003) 

quoting Lynn's Food Stores, Inc. vs. United States, 679 F. 2d 1350, 1355 (11th Cir. 1982). "If a 

settlement in an employee FLSA suit does reflect a reasonable compromise over issues, such as FLSA 

coverage or computation of back wages, that are actually in dispute, the district court may approve the 

settlement in order to promote the policy of encouraging the settlement of litigation." Lynn’s Foods, 679 F. 

2d. at 1354, n1.

Case 1:06-cv-00718-MHT-SRW Document 15 Filed 12/28/2006 Page 1 of 4
3. In the present litigation, the dispute has focused on whether the plaintiff/employee, a funeral 

director, was exempt under the Learned Professional Exemption, the Administrative Exemption or the 

Motor Carrier Safety Act Exemption of the FLSA. The parties also dispute the number of overtime hours

which were actually worked by plaintiff. 

4. Through informal discovery, counsel shared information which revealed facts tending to 

show that Andrew “Buddy” Gill worked for the Sorrels Funeral Home from August 10, 2004 through June 

28, 2006. Plaintiff contends that he worked overtime in the evenings and on weekends to assist with 

visitations and funerals. Evidence also showed that Sorrels Funeral Home is a small operator in Southeast 

Alabama, averaging one to two funerals per week. Thus, even if the plaintiff were considered non-exempt, 

the opportunity for overtime was limited during his tenure. Also, at issue are certain claims which the 

Defendants have or may have against the Plaintiff for amounts allegedly paid by themto Plaintiff's creditors. 

This settlement purports to be a mutual release of all claims which either party has against the other.

5. Also, because of the availability of attorney fees, interest and liquidated damages as 

remedies under the FLSA, the parties seek to avoid further incurring additional attorney fees.

6. Counsel for both sides are experienced attorneys who practice in this area of law and have 

recommended this settlement as a reasonable compromise of all the issues. The parties to this litigation have 

also indicated their agreement to the terms. 

WHEREFORE, the parties pray that this court enter an order finding that this settlement is a fair and 

reasonable resolution of this dispute and that there is no reason why such settlement cannot be implemented 

according to its terms.

Case 1:06-cv-00718-MHT-SRW Document 15 Filed 12/28/2006 Page 2 of 4
DATED this the 28th day of December, 2006.

By: __s/ Elizabeth B. Glasgow_____

 Elizabeth B. Glasgow ASB-8348-S58E

 Attorney for Defendants

OF COUNSEL:

FARMER, PRICE, HORNSBY

 & WEATHERFORD, L.L.P.

Post Office Drawer 2228

Dothan, Alabama 36302

Tel: (334) 793-2424

Fax: (334) 792-6624

Email: eglasgow@fphw-law.com

S. Mark Andrews

Attorney for Defendants

Morris, Cary, Andrews, Talmadge & Jones, LLC

P. O. Box 1649

Dothan, Alabama 36302

Tel: (334) 792-1420

Fax: (334) 673-0077

Email: MAndrews@MCATLaw.com

By: __s/ William R. Davis_____

 William R. Davis

 Attorney for Plaintiff

OF COUNSEL:

DAVIS & HERRINGTON, L.L.C.

Park Place Center

8650 Minnie Brown Road, Suite 150

Montgomery, Alabama 36117

OF COUNSEL:

Andy Nelms

Attorney for Plaintiff

P.O. Box 5059

Montgomery, AL 36103

(334) 263-7733 

(334) 832-4390 (Fax)

Email: Andynelms@jaylewislaw.com

Case 1:06-cv-00718-MHT-SRW Document 15 Filed 12/28/2006 Page 3 of 4
CERTIFICATE OF SERVICE

I certify that a copy hereof has been furnished to the following attorneys by U.S. mail, first class, 

postage paid, this the 28th day of December, 2006.

William R. Davis, Esq.

Attorney for Plaintiff

Davis & Herrington, L.L.C.

Park Place Center 

8650 Minnie Brown Road, Suite 150

Montgomery, Alabama 36117

Andy Nelms

Attorney for Plaintiff

P.O. Box 5059

Montgomery, AL 36103

__s/ Elizabeth B. Glasgow_____

Of Counsel 

Case 1:06-cv-00718-MHT-SRW Document 15 Filed 12/28/2006 Page 4 of 4
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SETTLEMENT AGREEMENT AND MUTUAL RELEASE OF CLAIMS

This Agreement and Mutual Release (“Agreement”), is entered into this ___ day of 

_______________________________, 2006 by and between Andrew “Buddy” Gill

(hereinafter "Plaintiff" or “Gill”) and Defendants, Sorrells Funeral Home, Inc. and Terry 

G. Sorrells (hereinafter “Defendants”) and is intended by the parties herein to: 1) settle all 

claims between them; 2) provide for a mutual release of liability; and 3) effect the dismissal 

of the lawsuit now pending in the U.S. District Court for the Middle District of Alabama, 

1:06-cv-718.

Plaintiff’s release: The undersigned Plaintiff, for and in consideration of: 1) the 

release of any and all of Defendants’ claims against him; 2) the payment of $12,000

(hereinafter “settlement funds”); and 3) for other consideration the sufficiency of which is 

acknowledged, does, for himself and his respective heirs, executors, administrators and 

assigns, hereby completely and fully release and discharge Defendants, their officers, 

directors, employees, affiliates, attorneys, insurers, successors and assigns (hereinafter

“Releasees”), from any obligation, liability, cause of action or responsibility of any kind, 

known or unknown, which exists now or which may accrue in the future against Releasees 

arising out of Gill’s employment with Sorrells Funeral Home, Inc. or any other dealings or 

matters between Gill and the Releasees. 

Plaintiff’s release includes without limitation any and all actions, causes of action, 

grievances, suits, charges, complaints against Releasees under the Fair Labor Standards Act, 

Title VII of the Civil Rights Act of 1964, as amended, the Civil Rights Act of 1991, the 

Americans with Disabilities Act of 1990, Section 1981 of the Civil Rights Act of 1866, the 

Family and Medical Leave Act of 1993, state and federal Age Discrimination in Employment 

Act, and any claims, complaints or charges under any other federal, state or local law or in 

equity, including, without limitation claims based on contract or tort law.

Plaintiff further agrees, promises and covenants that neither Plaintiff, nor any person, 

organization or any other entity acting on Plaintiff's behalf, will file, charge, claim, sue or 

cause or permit to be filed, charged or claimed, any action for damages or other relief against 

any Releasee involving any matter pertaining to Plaintiff's employment with Defendants 

which occurred in the past up to the date of this Agreement or involving any continuing 

effects of actions or practices which arose prior to the date of this Agreement, or involving 

any matter between Plaintiff and any Releasee. 

Defendants’ Release: The undersigned Defendants also, for and in consideration of: 

1) the release of any and all of Plaintiff’s claims against Releasees; 2) Plaintiff’s agreement 

to dismiss the aforementioned lawsuit with prejudice, each party to bear their own attorneys’ 

fees and costs; and 3) for other consideration the sufficiency of which is acknowledged, do, 

for themselves and their respective heirs, executors, administrators and assigns, hereby

completely and fully release and discharge Gill and his attorneys, insurers, successors and 

assigns of and from any obligation, liability, cause of action or responsibility of any kind 

now or which may accrue in the future arising out of Defendants’ claims against Gill,

Case 1:06-cv-00718-MHT-SRW Document 15-2 Filed 12/28/2006 Page 1 of 3
2

whether presently known or unknown, and any and all other claims, dealings or matters 

between Gill and the Releasees. 

It is understood and agreed that this is a full and final settlement of any all claims 

which each party might have against the other and is intended to be a full and final resolution 

of any dispute which exists between them. It is a compromise of disputed claims, and neither 

this release, nor the payment of settlement funds shall be construed as an admission of 

liability or of unlawful conduct by any party. All parties have access to counsel and are 

deemed to understand the contents and legal effect of this release. All parties hereby 

affirm that no other promises or inducements other than those contained in this release and 

settlement agreement have been made. 

Confidentiality: The parties agree that they will keep the terms and amounts set 

forth in this Agreement and facts and circumstances surrounding the negotiation and

execution of this Agreement confidential, and that they will not hereafter disclose any 

information concerning this Agreement to any person other than present attorneys,

accountants, or tax advisors. Upon inquiry, the parties may only disclose that this matter was 

resolved and that the lawsuit was dismissed. 

Attorneys’ Fees: Each party hereto shall bear their own attorneys’ fees and costs in 

connection with this matter and in effectuating this settlement agreement.

Dismissal of Suit: Upon receipt of settlement funds and the execution of this release 

and settlement agreement, counsel for the Plaintiff has, or will, in the immediate future, 

deliver to counsel for the Defendants an executed dismissal of any pending proceedings 

against the Defendants. The Plaintiff has authorized Plaintiff’s counsel to execute the 

dismissal on his behalf and hereby authorizes counsel for the Defendants to file the dismissal 

with the court and enter it as a matter of record. 

Indemnity Agreement: It is further agreed and understood that the Plaintiff will 

protect, indemnify and save harmless the Releasee(s) from any valid claims or demands 

which are asserted against the Releasees concerning matters which the Plaintiff has released 

through this Agreement. The undersigned acknowledges that all such claims will be satisfied 

by the Plaintiff.

Tax Liability: The parties agree that the Settlement Funds and other stated

consideration represents the full and complete settlement of the Plaintiff’s claims against the 

Releasees including any and all claims for attorneys’ fees, costs, expenses and liabilities 

which Releasors may have incurred as a result of the aforereferenced lawsuit or this

settlement. Releasees have made no withholding from the sums paid hereunder. Gill 

represents to Releasees that he has access to tax accountants or tax counselors and that Gill 

will be responsible for reporting and paying any applicable federal, state and/or local tax, if 

any, which may be due on monies received pursuant to this Agreement. Plaintiff further 

agrees to indemnify, defend and hold Releasees harmless from any such tax liability or 

obligation.

Case 1:06-cv-00718-MHT-SRW Document 15-2 Filed 12/28/2006 Page 2 of 3
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Miscellaneous: This agreement shall be construed and interpreted according to 

Alabama law. It is the product of a negotiated settlement and shall not be strictly construed 

against either party. If any portion or section is deemed in valid, such invalidity shall not 

affect the enforceability of the remaining terms herein.

The parties acknowledge that they have read this release and understand and agree to 

its terms.

Signed this the __________ day of _____________, 2006.

__________________________________

ANDREW “BUDDY” GILL

SORRELLS FUNERAL HOME, INC.

BY:

_______________________________

Its President

_______________________________

TERRY G. SORRELLS

Case 1:06-cv-00718-MHT-SRW Document 15-2 Filed 12/28/2006 Page 3 of 3