IN THE UNITED DISTRICT COURT

FOR THE NORTHERN DISTRICT OF FLORIDA

MARK BLACKMAN, et al. )

 )

Plaintiffs, )

)

vs. ) CIVIL ACTION NUMBER:

)

) 3:11-cv-146

) 

MIDWEST ENVIRONMENTAL )

RESOURCES, INC., et al. )

) JURY DEMAND

Defendants. )

PLAINTIFFS’ MOTION FOR APPROVAL OF FLSA SETTLEMENT 

AND AWARD OF ATTORNEYS’ FEES1

COME NOW, the Plaintiffs, by and through their attorneys of record, and move this 

Court to approve the settlement of this case against Defendant Emergency Response Group 

(“Defendant ERG”), and in support thereof, state as follows: 

1. This is an action under the Fair Labor Standards Act where the Plaintiffs allege 

that Defendant ERG (among other defendants) failed to pay them compensation, including 

overtime compensation, for all hours of work in excess of 40 hours in a workweek in accordance 

with the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 201 et seq. Defendant ERG denies

these allegations and avers that it has never been the employer or joint employer of Plaintiffs 

under the FLSA. 

 

1 This settlement with Defendant ERG, along with the settlement with Defendants, Golden Professional 

Solutions, Inc. and Global Employment Services, Inc., resolves claims against all Defendant parties in this action 

except Midwest Environment Resources, Inc. That remaining party was subject to an Entry of Default on August 9, 

2012 [Doc. 202].

Defendant ERG has today advised Plaintiffs that it declines to join in this Motion for Approval of FLSA 

Settlement and Approval of Attorneys’ Fees because this Court’s order of July 2, 2013 [Doc.346] recites that 

“Within fifteen (15) days from the date of this Order, Plaintiffs shall submit the necessary documentation as 

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2. The Plaintiffs and Defendant ERG engaged in good faith, arm’s-length 

negotiations, with the assistance of Court-approved mediator Charles Cetti, in an effort to settle 

the Plaintiffs’ claims against Defendant ERG. As result of such negotiations, the Plaintiffs and 

Defendant ERG agreed to settle the issues, matters, and things in dispute between and among 

them pursuant to the terms of the Settlement Agreement attached as Exhibit 1.2

3. The Parties have reached a settlement in this matter, which, pending the Court’s 

approval, resolves the wage and hour claims of all Plaintiffs. The said Mediation Settlement 

Agreement (Exhibit 1) was executed by the five named plaintiffs, Mark Blackman, Arnold 

Green, William Harden, James McCracken, and Jennette Roberts, and two previous opt-ins, 

Steve Kitchen, Jr. and Gabe W. Charley and was authorized by all the plaintiffs who had 

previously joined the case by filing Consent to Join Forms.

3

4. The terms of the Settlement Agreement are fair, reasonable, adequate, and in the 

Parties’ best interests.

5. The Settlement provides a payment of $45,000 from Defendant ERG to Plaintiffs. 

This amount, when combined with the settlement amount Plaintiffs will receive from codefendants Golden Professional Solutions, Inc. and Global Employment Services, Inc., roughly 

reflects those parties’ pro-rated contribution to the overtime wages Plaintiffs allege are due to 

them for the period of time they worked for Midwest Environmental Resources, Defendants’ codefendant and alleged joint employer. Defendant ERG has not, by making this payment, 

 

described herein.” Defendant ERG, presumably, interprets that Order to require the Plaintiffs alone to submit said 

motion for approval.

2 Attached is the settlement agreement signed by the parties at the conclusion of mediation (Exhibit 1). .

3

 37 Consent to Join Forms were filed in this matter and all 37 plaintiffs signed or authorized the Mediation 

Settlement Agreement, including Mark Blackman, Tracy Boyd, Lisa Bryant, Krystal Bullard, Gabe W. Charley, 

Alexander Ferguson, Arnold Green, William L. Harden, Challor Johnson, James Johnston, Lenzell King, Sr., Steve 

Kitchen, III, Steve Kitchen, Jr., Kendra Leashore, Koalana Lyons, Felicia McCants, Iesha McCants, Marcel 

McCants, Kejaun McCants, James McCracken, Herbert McNeil, Leroy McPherson, Freelan Patterson, Seveyon 

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admitted that it actually employed or jointly employed Plaintiffs under the FLSA at any time. 

Conversely, Plaintiffs do not admit that Defendants' liability would be capped at the amounts 

represented in this payment, but Plaintiffs acknowledge this amount represents a fair settlement 

of the claims against Defendant, ERG.

6. The Settlement also provides a payment of $45,000 from Defendant ERG in 

attorneys’ fees and costs to Plaintiffs’ counsel. Plaintiff’s counsel verifies that the attorneys’ 

fees and costs they are to receive as part of this settlement are fair, reasonable, and received with 

the consent and agreement of their clients, the Plaintiffs. The fees received as part of this 

settlement are a mere fraction – less than fifteen percent (15%) – of the fees and costs Plaintiffs’ 

counsel has incurred in the prosecution of this case, including over 850 hours of attorney and 

paralegal time.

7. Court approval is necessary to effectuate a valid and enforceable release of 

Plaintiffs’ FLSA claims.

8. The Plaintiffs, through their counsel, hereby seek judicial approval of their 

compromise and the resolution of the dispute between Plaintiffs and Defendant ERG. 

Accordingly, the Plaintiffs submit the Settlement Agreement to the Court.

WHEREFORE, THESE PREMISES CONSIDERED, the Plaintiffs respectfully request 

that this Court approve their compromise and the resolution of the dispute between Plaintiffs and 

Defendant ERG, and that this Court grant such other, further and different relief as this Court 

deems fair and just. 

Respectfully submitted this the 17

th day of July, 2013.

 

V.Porter, Erskine Posey, Ellory Reed, Jennette Roberts, Darian Robinson, Frank Rogers, Terrell Rubin, Arthur 

Sorey, James Smart, Jennifer Stallworth, Mark Stallworth, Reginald Stallworth, Katie Teague, and Pamela Waldrup.

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/s/ Henry Brewster 

Henry Brewster (ASB-7737-B45-H)

HENRY BREWSTER, LLC 

205 N. Conception Street 

Mobile, Alabama 36603 

hbrewster@brewsterlaw.net 

(251) 338-0630 

Attorney for Plaintiffs 

CERTIFICATE OF SERVICE

I, the undersigned counsel, do hereby certify that I electronically filed the foregoing 

document with the Clerk of the Court using the ECF system on July 17, 2013, which sent 

notification of such to the following:

Cale Patrick Keable

Email: ckeable@darroweverett.com

Joseph A. Passeretti

Email: jap@esclaw.com

/s/Henry Brewster

Of Counsel

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