O

gletree, Dea

kins, N

ash, S

m

o

a

k

&

Stew

a

rt, P.C.

3430 E. Sunrise Drive, Suite 220

Tucson, AZ 85718

Telephone: 520.544.0300

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Tibor Nagy, Jr., SBN 007465

Christopher M. Pastore, SBN 026340

OGLETREE, DEAKINS, NASH, SMOAK &

STEWART, P.C., SBN 00504800

3430 E. Sunrise Drive, Suite 220

Tucson, AZ 85718

Telephone: 520.544.0300

Fax: 520.544.9675

tibor.nagy@ogletreedeakins.com

christopher.pastore@ogletreedeakins.com

Attorneys for Defendant Corizon Health, Inc.

UNITED STATES DISTRICT COURT

DISTRICT OF ARIZONA

Maria Cosme-Santos,

Plaintiff,

v.

Corizon Health, Inc.,

Defendant.

No. 2:15-cv-02072-PHX-DGC

JOINT MOTION FOR APPROVAL

OF SETTLEMENT AGREEMENT

AND ORDER FOR DISMISSAL OF

CLAIMS WITH PREJUDICE

The above-captioned lawsuit, which includes claims alleging violations of the Fair

Labor Standards Act (“FLSA”), has been settled. Defendant Corizon Health, Inc.

(“Corizon” or Defendant” and Maria Cosme-Santos (“Plaintiff”) (collectively “the

Parties”) respectfully move the Court to: (1) approve the Confidential Settlement

Agreement (“Agreement”) that is being submitted to the Court for in camera review and

approval.; and (2) enter an Order dismissing with prejudice the above-captioned matter.

The parties respectfully submit that this motion should be granted because the proposed

Agreement represents a fair and reasonable resolution of a bona fide dispute.

In support of this Joint Motion, the Parties state as follows.

Case 2:15-cv-02072-DGC Document 22 Filed 03/28/16 Page 1 of 2
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O

gletree, Dea

kins, N

ash, S

m

o

a

k

&

Stew

a

rt, P.C.

3430 E. Sunrise Drive, Suite 220

Tucson, AZ 85718

Telephone: 520.544.0300

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1. Plaintiff and Defendant have reached an agreement to fully and finally

settle all of Plaintiff’s claims against Defendant and related persons and entities.

2. The terms of that agreement have been reduced to a written Confidential

Settlement Agreement.

3. The Parties respectfully submit that this Joint Motion should be granted

because the Agreement represents a fair and reasonable resolution of the parties’ dispute,

which includes whether Plaintiff was employed in a position exempt from the overtime

requirements of the FLSA and whether back wages are due and owing.

4. Accordingly, the Parties stipulate that the Agreement represents a fair and

reasonable resolution of a bona fide dispute and request the Court to review the

Agreement in camera, approve it, and dismiss all claims in this action with prejudice,

each party to bear its own costs and attorneys’ fees as set forth in the Agreement.

RESPECTFULLY SUBMITTED this 28th day of March, 2016.

LEE & BRAZIEL, LLP

By: s/Robert Lee .

Robert Lee

J. Derek Braziel

Megan Dixon

J. Forester

1801 N. Lamar Street, Suite 325

Dallas, TX 75202

Attorneys for Plaintiff

OGLETREE, DEAKINS, NASH, SMOAK &

STEWART, P.C.

By: s/ Tibor Nagy, Jr.

Tibor Nagy, Jr.

Christopher M. Pastore

3430 E. Sunrise Drive, Suite 220

Tucson, AZ 85718

Attorneys for Defendant Corizon Health,

Inc.

24132551.2

Case 2:15-cv-02072-DGC Document 22 Filed 03/28/16 Page 2 of 2