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 SETTLEMENT 

AND AWARD OF ATTORNEYS’ FEES1

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

to approve the settlement of this case against Defendants Golden Professional Solutions, Inc.

(“Defendant GPS”) and Global Employment Services, Inc. (“Defendant GES”) (herein 

collectively referred to as “Defendants”) and in support thereof, state as follows: 

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

that Defendants (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. Defendants deny these allegations 

and aver that they have never been the employers or joint employers of Plaintiffs under the 

FLSA. 

 

1 This settlement with Defendants Golden Professional Solutions, Inc. and Global Employment Services, Inc, 

along with the settlement with Defendant Emergency Response Group, resolves claims against all Defendant parties 

in this action except Midwest Environmental Resources, Inc. That remaining party was subject to an Entry of 

Default on August 9, 2012 [Doc. 202].

Case 3:11-cv-00146-LC-CJK Document 352 Filed 07/15/13 Page 1 of 4
2

2. The Plaintiffs and Defendants have 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 Defendants. As result of such negotiations, the Plaintiffs and 

Defendants 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 and Exhibit 2.

2

3. The Plaintiffs and Defendants 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 $15,000 from Defendants Global

Employment Services, Inc. and Golden Professional Solutions, Inc. to Plaintiffs. This amount, 

when combined with the settlement amount Plaintiffs will receive from co-defendant Emergency 

Response Group, roughly reflects those parties’ pro-rated contributions to the overtime wages 

Plaintiffs allege are due to them for the period of time they worked for Midwest Environmental 

 

2 Attached is the settlement agreement signed by the parties on June 6, 2013 (Exhibit 1), in their mediation, 

as well as the proposed General Release to be signed by the parties upon approval of the settlement by the Court 

(Exhibit 2).

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 

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.

Case 3:11-cv-00146-LC-CJK Document 352 Filed 07/15/13 Page 2 of 4
3

Resources, Defendants’ co-defendant and alleged joint employer. Defendants do not, by making 

this payment, admit that they 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 Defendants.

6. The Settlement also provides a payment of $15,000 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 ten percent (10%) -- 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 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 15th day of July, 2013.

/s/ Henry Brewster

Henry Brewster 

HENRY BREWSTER, LLC 

205 N. Conception Street 

Case 3:11-cv-00146-LC-CJK Document 352 Filed 07/15/13 Page 3 of 4
4

Mobile, Alabama 36603 

hbrewster@brewsterlaw.net 

(251) 338-0630 

Email: hbrewster@brewsterlaw.net

Attorney for Plaintiffs 

Signed with Permission:

/s/Joseph A. Passeretti

Florida Bar No. 860751

Emmanuel, Sheppard & Condon

30 S. Spring Street

Pensacola, Florida 32502

jap@esclaw.com

Telephone: (850) 433-6581

Facsimile: (850) 434-5856

Attorney for Golden Professional Solutions, 

Inc. and Global Employment Service, Inc.

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 15, 2013, which sent 

notification of such to the following:

Cale Patrick Keable

Email: ckeable@darroweverett.com

/s/Henry Brewster

Of Counsel

Case 3:11-cv-00146-LC-CJK Document 352 Filed 07/15/13 Page 4 of 4