UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS

SAN ANTONIO DIVISION

GILBERT GONZALES, Individually and §

on Behalf of All Others Similarly Situated, §

PLAINTIFF, §

§

v. § CIVIL ACTION NO. 5:20-CV-568 JKP

§

QUALITY RESIDENTIAL & COMMERCIAL §

PAINTING, INC. and RICHARD ZARAZINSKI §

DEFENDANTS §

JOINT MOTION FOR APPROVAL OF SETTLEMENT AGREEMENT AND

DISMISSAL OF CASE WITH PREJUDICE 

Plaintiff and Defendants file this Joint Motion for Approval of Settlement Agreement and 

Dismissal of Case with Prejudice and respectfully state:

1. This case wasfiled under the Fair Labor Standards Act.

2. Plaintiff and Defendants have resolved all issues and have entered into a confidential

Settlement Agreement, which is attached as Exhibit A to their Joint Motion for Leave to File 

Exhibit Under Seal, which is being filed contemporaneously with this motion. The Parties seek 

this Court’s approval of their settlement agreement because this case was filed under the Fair 

Labor Standards Act. The Parties recognize that in this Court, court approval is not required for

the private settlement of FLSA claims where, as in this case, there are bona fide disputes as to the

amount of hours worked and the compensation due, if any. Gonzalez v. Bohls Bearing Co., 361 F.

Supp. 2d 608, 630 (W.D. Tex. 2005). However, because this is a minority view, the Parties seek

Court approval of their agreement. Sepulveda v. Southwest BusinessCorp., 2009 U.S. Dist.LEXIS

93072 (W.D.Tex. San Antonio Div. 2009).

3. The FLSA requires employers to pay overtime compensation to employees who work 

more than forty hours in a workweek. 29 U.S.C. § 207(a)(1). The Parties’ claims and defenses 

Case 5:20-cv-00568-JKP Document 14 Filed 12/08/20 Page 1 of 4
alleged in the litigation indicate that bona fide disputes exist regarding the hours worked by 

Plaintiff and whether Plaintiff exceeded the permissible number of hours worked during the work 

weeks during the period in question. The parties vigorously dispute the number of hours of 

overtime in any week that Plaintiff actually worked overtime. 

4. Because the Parties’ claims and defenses indicate disputes regarding the hours worked by 

Plaintiff and whether Plaintiff exceeded the permissible number of hours worked during the work 

weeks during the period in question this Court may find that bona fide disputes exist. The Parties’ 

settlement also takes into account the available documents regarding the claims and defenses. 

The Parties believe that the settlement is a fair and reasonable resolution of their disputes. The 

settlement was reached through settlement negotiations conducted by counsel for the Parties over 

time in arms-length negotiations.

5. The Parties have attached their confidential Settlement Agreement as Exhibit A to their

Joint Motion for Leave to File Exhibit Under Seal. The Partiesrequest that theCourtfind that bona

fide disputes exist and that the settlement agreement is a fair and reasonable resolution of the 

Parties’ bona fide disputes. 

6. The Parties also request, pursuant to the terms of the settlement agreement, that the Court 

dismiss all Plaintiff’s claims with prejudice to the refiling of same; with each party bearing their 

own attorney’s fees and costs.

WHEREFORE, PREMISESCONSIDERED, the Plaintiff and Defendantsrequest that the Court 

grant this motion and find that the Parties’ settlement agreement is a fair and reasonable resolution 

of the Parties’ bona fide disputes and dismiss all Plaintiff’s claims with prejudice to the refiling of 

same.

Case 5:20-cv-00568-JKP Document 14 Filed 12/08/20 Page 2 of 4
Respectfully Submitted,

SANFORD LAW FIRM PLLC.

650 S. Shackleford Road, Suite 411

Little Rock, AR 72211 

Tel: (501) 221-0088

Fax: (888) 787-2040

By: /s/ Josh Sanford

Josh Sanford

Texas State Bar No. 24077858

josh@sanfordlawfirm.com 

Merideth Q. McEntire

Texas Bar No. 24105123

merideth@sanfordlawfirm.com

ATTORNEYS FOR PLAINTIFF

HOLLAND & HOLLAND, LLC

North Frost Center

1250 N.E. Loop 410, Suite 808

San Antonio, Texas 78209

Telephone: (210) 824-8282

Facsimile: (210) 824-8585

BY /s/ John A. Heller 

John A. Heller 

State Bar No. 09394600

jheller@hollandfirm.com

Michael L. Holland

State Bar No. 09850750

mholland@hollandfirm.com

ATTORNEYS FOR DEFENDANTS

Case 5:20-cv-00568-JKP Document 14 Filed 12/08/20 Page 3 of 4
UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS

SAN ANTONIO DIVISION

GILBERT GONZALES, Individually and §

on Behalf of All Others Similarly Situated, §

PLAINTIFF, §

§

v. § CIVIL ACTION NO. 5:20-CV-568 JKP

§

QUALITY RESIDENTIAL & COMMERCIAL §

PAINTING, INC. and RICHARD ZARAZINSKI §

DEFENDANTS §

ORDER GRANTING JOINT MOTION FOR APPROVAL OF SETTLEMENT

AGREEMENT AND DISMISSAL OF CASE WITH PREJUDICE

The Court having considered Plaintiff and Defendants’ Motion for Approval of 

Settlement Agreement and dismissal of Case with Prejudice and after having considered the 

Parties confidential settlement agreement and having found that bona fide disputes exist 

regarding the hours worked by Plaintiff and whether Plaintiff exceeded the permissible number 

of hours worked during the work weeks during the period in question, is of the opinion that the 

motion should be GRANTED. It is therefore,

ORDERED that the Settlement Agreement between the Plaintiff and Defendants filed 

under seal is hereby approved as a fair and reasonable resolution of the Parties’ bona fide 

disputes. It is further 

ORDERED, ADJUDGED AND DECREED that all claims of Plaintiff Gilbert Gonzalez

are hereby dismissed with prejudice to the refiling of same, with each party bearing their own 

attorney’s fees and costs incurred be taxed against the Party incurring. All relief not expressly 

granted herein is dismissed.

SIGNED and ENTERED on the day of ______, 2020.

UNITED STATES DISTRICT JUDGE

Case 5:20-cv-00568-JKP Document 14 Filed 12/08/20 Page 4 of 4