UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

CHARLES WILLIAMS, GEORGE 

RUFFIN, and WANDA TURNER, on 

behalf of themselves and all others 

similarly situated, 

Plaintiffs, 

v. 

K&K ASSISTED LIVING LLC, K&K 

ASSISTED LIVING #1 LLC, K&K 

ASSISTED LIVING #6 LLC, and 

MILTON KENNEDY, 

Defendants. 

Case No. 15-cv-11565 

Hon. Gershwin A. Drain 

BAILEY PEAVY BAILEY PLLC 

Robert W. Cowan (TX 24031976) 

440 Louisiana St., Ste. 2100 

Houston, TX 77002 

(713) 425-7100 

rcowan@bpblaw.com 

Attorneys for Plaintiffs 

PHILIP J. GOODMAN, P.C. 

Philip J. Goodman (P14168) 

280 N. Old Woodward Ave., Ste. 407 

Birmingham, MI 48009 

(248) 647-9300 

pjgoodman1@aol.com 

Attorneys for Plaintiffs

THE MILLER LAW FIRM, P.C. 

Kevin F. O’Shea (P40586) 

Ann L. Miller (P43578) 

950 W. University Dr., Ste. 300 

Rochester, MI 48307 

(248) 841-2200 

kfo@millerlawpc.com 

Attorneys for Defendants 

JOINT MOTION FOR APPROVAL OF SETTLEMENT 

AGREEMENT AND ENTRY OF STIPULATED ORDER OF DISMISSAL 

Case 2:15-cv-11565-GAD-EAS ECF No. 36 filed 04/04/16 PageID.374 Page 1 of 6
2 

 For the reasons set forth in the brief filed herewith, Plaintiff Charles Williams 

and Defendants move for approval of the settlement agreement and for entry of a 

Stipulated Order of Dismissal. A copy of the Stipulation and Order of Dismissal is 

attached as Exhibit B to the accompanying brief. 

Respectfully submitted, 

 /s/ Robert W. Cowan 

BAILEY PEAVY BAILEY PLLC 

Robert W. Cowan (TX 24031976) 

440 Louisiana St., Ste. 2100 

Houston, TX 77002 

(713) 425-7100 

rcowan@bpblaw.com 

Attorneys for Plaintiffs 

PHILIP J. GOODMAN, P.C. 

Philip J. Goodman (P14168) 

280 N. Old Woodward Ave., Ste. 407 

Birmingham, MI 48009 

(248) 647-9300 

pjgoodman1@aol.com 

Attorneys for Plaintiffs

 /s/ Kevin F. O’Shea 

THE MILLER LAW FIRM, P.C. 

Kevin F. O’Shea (P40586) 

Ann L. Miller (P43578) 

950 W. University Dr., Ste. 300 

Rochester, MI 48307 

(248) 841-2200 

kfo@millerlawpc.com 

Attorneys for Defendants 

 

Dated: April 4, 2016 

Case 2:15-cv-11565-GAD-EAS ECF No. 36 filed 04/04/16 PageID.375 Page 2 of 6
3 

UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

CHARLES WILLIAMS, GEORGE 

RUFFIN, and WANDA TURNER, on 

behalf of themselves and all others 

similarly situated, 

Plaintiffs, 

v. 

K&K ASSISTED LIVING LLC, K&K 

ASSISTED LIVING #1 LLC, K&K 

ASSISTED LIVING #6 LLC, and 

MILTON KENNEDY, 

Defendants. 

Case No. 15-cv-11565 

Hon. Gershwin A. Drain 

BAILEY PEAVY BAILEY PLLC 

Robert W. Cowan (TX 24031976) 

440 Louisiana St., Ste. 2100 

Houston, TX 77002 

(713) 425-7100 

rcowan@bpblaw.com 

Attorneys for Plaintiffs 

PHILIP J. GOODMAN, P.C. 

Philip J. Goodman (P14168) 

280 N. Old Woodward Ave., Ste. 407 

Birmingham, MI 48009 

(248) 647-9300 

pjgoodman1@aol.com 

Attorneys for Plaintiffs

THE MILLER LAW FIRM, P.C. 

Kevin F. O’Shea (P40586) 

Ann L. Miller (P43578) 

950 W. University Dr., Ste. 300 

Rochester, MI 48307 

(248) 841-2200 

kfo@millerlawpc.com 

Attorneys for Defendants 

BRIEF IN SUPPORT OF JOINT MOTION FOR APPROVAL 

OF SETTLEMENT AGREEMENT AND ENTRY 

OF STIPULATED ORDER OF DISMISSAL 

Case 2:15-cv-11565-GAD-EAS ECF No. 36 filed 04/04/16 PageID.376 Page 3 of 6
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 This is a suit for alleged violation of the Fair Labor Standards Act (“FLSA”), 

including Plaintiff’s allegations that he was retaliated against by Defendants for 

asserting his rights under the FLSA. Although Defendants deny any liability, 

Plaintiff Charles Williams (“Plaintiff”) and Defendants have agreed to a settlement, 

including a stipulated order of dismissal. The settlement agreement between 

Plaintiff and Defendants is contingent upon its approval by the Court. “When 

employees bring a private action for back wages under the FLSA, and present to the 

district court a proposed settlement, the district court may enter a stipulated 

judgment after scrutinizing the settlement for fairness.” Lynn’s Food Stores, Inc. v. 

United States, 679 F.2d 1350, 1353 (11th Cir.1982); see also Jarrard v. Southeastern 

Ship Building Corp., 163 F.2d 960, 961 (5th Cir. 1947). If a settlement agreement 

reflects a “reasonable compromise” over issues that are “actually in dispute,” the 

district court may approve the settlement “in order to promote the policy of 

encouraging settlement.” Lynn’s Food Stores, Inc., 679 F.2d at 1354. 

Here, the settlement agreement between Plaintiff and Defendants is fair in that 

the amount of the settlement bears a reasonable relationship to the amount in dispute, 

the costs of proceeding with the litigation, and the risks of proceeding with the 

litigation. In the settlement that Defendants have offered and Plaintiff has freely 

agreed to and hereby requested approval of by the Court, Plaintiff will receive 

$30,000.00, less attorneys’ fees of $10,000.00 and expenses totaling $1,173.09 

Case 2:15-cv-11565-GAD-EAS ECF No. 36 filed 04/04/16 PageID.377 Page 4 of 6
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(inclusive of $201.00 in court- and service-related expenses, $829.12 in travel and 

client-meeting-related expenses, and $142.97 in postage and delivery expenses), for 

a net settlement of $18,826.91. In addition, Defendants will deduct appropriate 

payroll taxes from one-half of Plaintiff’s net settlement amount. These parties 

reached agreement through “arms length” negotiations and in the context of an 

“adversarial” proceeding. Id. Accordingly, the Court should approve the settlement 

and enter the stipulated judgment dismissing the case. 

For purposes of allowing the Court to review the settlement agreement, the 

parties’ Confidential Settlement, Release, and Waiver Agreement is attached for the 

Court’s review as Exhibit A. The Stipulated Judgment dismissing the case is 

attached as Exhibit B. Respectfully submitted, 

 /s/ Robert W. Cowan 

BAILEY PEAVY BAILEY PLLC 

Robert W. Cowan (TX 24031976) 

440 Louisiana St., Ste. 2100 

Houston, TX 77002 

(713) 425-7100 

rcowan@bpblaw.com 

Attorneys for Plaintiffs 

PHILIP J. GOODMAN, P.C. 

Philip J. Goodman (P14168) 

280 N. Old Woodward Ave., Ste. 407 

Birmingham, MI 48009 

(248) 647-9300 

pjgoodman1@aol.com 

Attorneys for Plaintiffs

 /s/ Kevin F. O’Shea 

THE MILLER LAW FIRM, P.C. 

Kevin F. O’Shea (P40586) 

Ann L. Miller (P43578) 

950 W. University Dr., Ste. 300 

Rochester, MI 48307 

(248) 841-2200 

kfo@millerlawpc.com 

Attorneys for Defendants 

 

Dated: April 4, 2016 

Case 2:15-cv-11565-GAD-EAS ECF No. 36 filed 04/04/16 PageID.378 Page 5 of 6
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CERTIFICATE OF SERVICE 

I hereby certify that on April 4, 2016, I electronically filed the foregoing 

documents using the Court’s electronic filing system, which will notify all counsel 

of record authorized to receive such filings. 

 /s/ Robert W. Cowan 

Robert W. Cowan 

Counsel for Plaintiffs 

Case 2:15-cv-11565-GAD-EAS ECF No. 36 filed 04/04/16 PageID.379 Page 6 of 6