UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

Adams, individually and on behalf of all 

similarly situated individuals,

 Plaintiff,

v. 

Central Ohio Elderly Care, LLC, et al.,

 Defendants.

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Case No. 2:18-cv-134

Judge Sarah Morrison 

Magistrate Judge Deavers 

CONSENT JUDGMENT

This cause came to be heard and was submitted to the Court upon the Complaint of Plaintiff 

Misti Adams (“Plaintiff Adams”), on behalf of herself and similarly situated employees, alleging 

claims under the Fair Labor Standards Act of 1938 (“FSLA”), 29 U.S.C. §§201, et. seq., the Ohio 

Minimum Fair Wage Standards Act (“the Ohio Wage Act”), O.R.C. §4111, et. seq., the Ohio 

Prompt Pay Act (“the OPPA”), Ohio Revised Code §4113.15, and the Ohio Constitution, Oh. 

Const. Art. II, §34 (“the Ohio Wage Act, the OPPA and the Ohio Constitution are collectively 

referred to as “the Ohio Acts”); the Answer of Defendants Central Ohio Elderly Care, LLC, 

(“COEC”), Central Ohio Elderly Care Plus, LLC (“COEC Plus”), and Osman Hassan 

(“Defendants”); and the consent of Defendants.

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The Court finds that all necessary parties have been served with summons according to law 

and are properly before the Court. 

The Court finds that Defendants have agreed and consented to the entry of judgment and 

that Plaintiff shall stay execution of this entry of judgment as agreed by the parties so long as 

Defendants make the required initial and monthly payments.1

The Court further finds that Plaintiffs shall not execute upon this entry of judgment while 

Defendants make monthly payments. If Defendants fail to make any payment required by Exhibit 

1 and it is not cured within fifteen (15) days of notice, Plaintiffs shall file a notice of breach with 

this Court, serve the same upon Defendant, and thereafter may execute on the Judgment. If 

Defendants make total payments of One Hundred and Twenty Thousand Dollars ($120,000) as 

provided by Exhibit 1 and the schedule therein, Plaintiff shall move this court to vacate the 

judgment and dismiss this case with prejudice. The One Hundred and Twenty Thousand Dollars 

($120,000) represents Sixty One Thousand ($61,000) in total payments to Plaintiff Adams and the 

eighteen (18) opt-in Plaintiffs who joined the Action by opting into the same for their claims 

pursuant to the FSLA and the Ohio Acts; a Three Thousand Dollar ($3,000) Service Award to 

Plaintiff Adams for her services provided in this Action on behalf of the Plaintiffs who opted in; 

and a Fifty-Six Thousand ($56,000) total payment to the law firm of Contreras Law, LLC 

(“Contreras Law”) for reasonable attorneys’ fees and litigation expenses. 

The Parties agree and the Court further finds that there is no just reason for delay in entering 

judgment herein. 

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that a consent judgment 

is entered against of Defendants Central Ohio Elderly Care, LLC, Central Ohio Elderly Care Plus, 

 1 See Payment Schedule for Consent Judgment attached as Exhibit 1. 

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LLC, and Osman Hassan, jointly and severally, in the amount of One Hundred and Twenty 

Thousand Dollars ($120,000) as provided by Exhibit 1 and the schedule therein on all claims in 

this action and that Defendants consented to the entry of judgment, and that Plaintiff shall stay 

execution of this entry of judgment as agreed by the parties so long as Defendants make the initial 

payment and thereafter monthly payments according to the Payment Schedule attached to this 

Consent Judgment. 

The Court finds that half of the total payments to Plaintiffs are to be treated as gross payroll 

wage amounts and shall be paid to Plaintiffs less all applicable withholdings and deductions as 

required by law and as provide by the payment schedule attached hereto. The Court Orders 

Defendants to pay the employer’s portion of the payroll taxes from funds outside of the judgment. 

The Court further finds that the other half of the total payments to Plaintiffs are to be treated 

as gross amounts for statutory damages and shall be paid to Plaintiffs with no deductions or 

withholdings therefrom and as provided in the payment schedule attached hereto. 

Defendants are to issue the Plaintiffs an IRS Tax Form W-2 for wage payments that 

Plaintiffs receives in accordance with this Consent Judgment that are subject to applicable 

withholdings. The Court further orders that the Defendants shall also issue Plaintiffs an IRS Tax 

Form 1099-MISC for payments made with no deductions or withholdings therefrom for statutory 

damages. 

Defendants shall also issue Contreras Law an IRS Tax Form 1099-MISC for payments 

Contreras Law receives in accordance with this Consent Judgment. 

The Court further finds that Plaintiffs and Contreras Law shall not execute upon this entry 

of judgment while Defendants make payments required by Exhibit 1. If Defendants fail to make 

the initial or a monthly payment and the payment is not cured within fifteen (15) days of notice, 

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Plaintiffs and Contreras Law shall file a notice of breach with this Court, serve the same upon 

Defendants, and thereafter may execute on the Judgment. If Defendants make total payments of 

One Hundred and Twenty Thousand Dollars ($120,000) as provided by Exhibit 1, Plaintiffs shall 

move this court to vacate the judgment and dismiss this case with prejudice. 

IT IS SO ORDERED. 

/s/ Sarah D. Morrison

SARAH D. MORRISON

UNITED STATES DISTRICT JUDGE

STIPULATED AND AGREED: 

/s/ Matthew J.P. Coffman 

Matthew J.P. Coffman

COFFMAN LEGAL, LLC

1550 Old Henderson Road

Suite 126

Columbus, Ohio 43220

Phone: 614-949-1181

Fax: 614-386-9964

Email: mcoffman@mcoffmanlegal.com

/s/ Peter Contreras 

Peter Contreras (0087530)

Contreras Law, LLC

1550 Old Henderson Road

Suite 126

Columbus, Ohio 43220

Phone: 614-787-4878

Fax: 614-957-7515

Email: 

peter.contreras@contrerasfirm.com

Attorney for Plaintiffs

/s/ Steven M. Brown 

Steven M. Brown (0013000)

5664 Montridge Lane

Dublin, Ohio 43016

Phone: 614-461-8900

Email: stevebrownatty@gmail.com

 Attorney for Defendants 

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