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. )

JOINT MOTION FOR APPROVAL OF FLSA 

COLLECTIVE ACTION SETTLEMENT AND 

AWARD OF ATTORNEYS’ FEES

COME NOW, the named Plaintiffs and all persons who have filed consent-to-join forms 

in the above-captioned litigation (hereinafter “Plaintiffs”) and Defendant TL Wallace 

Construction, Inc. (hereinafter “Defendant”)1, by and through their attorneys of record, and move 

this Court to approve the settlement of this case against Defendant, and in support thereof, the 

Parties state as follows: 

1. This is a collective action under the Fair Labor Standards Act where the Plaintiffs 

allege that Defendant (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 denies these 

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

FLSA and that any relationship Defendant had with Plaintiffs and/or other defendants potentially 

responsible for the alleged violations Plaintiffs complain about was limited to periods (in some 

 

1

Plaintiffs and Defendant are referred to as “Parties” when referred to collectively herein.

Case 3:11-cv-00146-LC-CJK Document 288 Filed 01/14/13 Page 1 of 4
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cases, one to three days) much shorter than the entire period at issue in this lawsuit (June 2010 

through the cessation of clean-up efforts for the Deepwater Horizon Oil Spill).

2. The Parties have engaged in good faith, arm’s-length negotiations in an effort to 

settle the Plaintiffs’ claims against Defendant. As result of such negotiations, the Parties have 

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.

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 (named Plaintiffs and persons who 

have filed consent-to-join forms in the above-captioned litigation as of the Parties’ proposed 

Effective Date of the Settlement Agreement) and who are specifically indentified in Exhibit A 

attached to Exhibit 1.

4. The Parties agree that the terms of the Settlement Agreement are fair, reasonable, 

adequate, and in the Parties’ best interests.

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

Plaintiffs’ FLSA claims.

6. The Parties, through their counsel, hereby seek judicial approval of their 

compromise and the resolution of the dispute between Plaintiffs and Defendant. Accordingly, 

the Parties jointly submit the Settlement Agreement to the Court.

WHEREFORE, THESE PREMISES CONSIDERED, the Parties respectfully request that 

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

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

fair and just. 

Respectfully submitted this the 14th day of January, 2013.

/s/Henry Brewster

Henry Brewster (BREWH7737)

Case 3:11-cv-00146-LC-CJK Document 288 Filed 01/14/13 Page 2 of 4
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Henry Brewster, LLC

205 N. Conception Street

Mobile, Alabama 36603

251-338-0630 Telephone

251-338-0632 Facsimile

Email: hbrewster@brewsterlaw.net

Robert F. Childs, Jr. (CHILR-2322)

WIGGINS, CHILDS, QUINN & PANTAZIS, LLC

The Kress Building

301 19th Street North

Birmingham, Alabama 35203

205/314-0500 (telephone)

205/254-1500 (facsimile)

Email: rchilds@wcqp.com 

Abby Richardson

WIGGINS, CHILDS, QUINN, & PANTAZIS, LLC

1850 M Street NW

Suite 720

Washington, DC 20036

arichardson@wcqp.com

(202) 263-3691 (telephone)

Joshua Robert Gale

WIGGINS, CHILDS, QUINN, & PANTAZIS, LLC

444 Seabreeze Blvd., Ste. 870

Daytona Beach, FL 32118

386-523-4403

ATTORNEYS FOR PLAINTIFFS

Signed with the Expressed Permission of:

/s/MARTIN J. REGIMBAL 

Martin J. Regimbal

The Kullman Firm

Post Office Box 827

Columbus, Mississippi 39703-0827

mjr@kullmanlaw.com 

ATTORNEY FOR T.L. WALLACE 

CONSTRUCTION, INC.

Case 3:11-cv-00146-LC-CJK Document 288 Filed 01/14/13 Page 3 of 4
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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 January 14, 2013, which will 

send notification of such to all parties.

/s/Henry Brewster

Case 3:11-cv-00146-LC-CJK Document 288 Filed 01/14/13 Page 4 of 4