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Home My Public Portal AboutSettlement Agreement Case #3:15-CY-60-MCR/ENTSETTLEMENT AGREEMENT AND LIMITED RELEA THIS SETTLEMENT AGREEMENT AND LIMITED RELEASE. ("Agreement") is entered into on this day of MAY, 2015, by and between CHELSEY BRACKIN (hereinafter referred to as the "Claimant") on one side and THE CITY OF CRESTVIEW, FLORIDA (hereinafter referred to collectively as the "Employer") on the other side. (Claimant and Employer are sometimes referred to collectively as the "Parties"). WHEREAS, each of the Parties is represented by counsel and enters into this Agreement having reviewed it and consulted with counsel; and WHEREAS, Claimant acknowledges and agrees that she (a) has had sufficient time to review and consider the terms of this agreement; (b) has carefully read and understands its terms; (c) is entering into this agreement voluntarily and knowing that she is releasing the claims brought in the action captioned Chelsey Brackin, on behalf of herself and all those similarly situated who consent to representation v. City of Crestview Florida, Case No. 3:15-CV-60-MCR/EMT, pending in the United States District Court, Northern District of Florida (the "Lawsuit"); (d) is not releasing any claims under any other state of federal statute or law, including her pending claims against Employer for employment discrimination; (e) has had reasonable opportunity to seek advice from an attorney of her choosing prior to signing this Agreement; (f) has negotiated fairly and reasonably prior to signing this Agreement and (g) Claimant's limited release of claims is given in exchange for consideration, entitlement to which is in bona fide dispute. WHEREAS, the Parties wish to resolve certain issues related to and arising from Claimant's claims in Lawsuit, in a manner that is mutually satisfactory; WHEREAS, Claimant has not sought certification of any collective class in the pending Lawsuit; WHEREAS, this Agreement is written in layman's terms, and Claimant understands and comprehends its terms; NOW, THEREFORE, in consideration of the premises, the mutual promises and agreements set forth herein, and other good and valuable consideration, the Parties agree as follows: 1. Payment: The Employer shall pay to Claimant, within ten (10) business days of entry of an Order approving this Agreement and dismissing this Lawsuit, the sum of U.S. $3,911.96 in immediately available funds (the "Settlement Funds"). Payment of Settlement Funds shall be made to Matthews & Jones, LLP, 596 N. Ferdon Blvd., Crestview, Florida 32536. Of this $3,911.96 payment of Settlement Funds, Claimant is receiving $229.52. The remaining Settlement Funds, in the amount of $3,682.44, shall be paid as reasonable costs and attorney's fees to Claimant's attorney. 2. Release: A. The Claimant has acquitted, released, exonerated and discharged, and does hereby acquit, release, exonerate and discharge, the Employer and their respective representatives, attorneys, agents, successors and assigns, from any and all obligations, liability, responsibility or claim, whether at law or in equity, under the laws and rules of the United States of America, and of any other nation, and of any regulatory body or agency, for, from, upon, under or on account of or growing or arising out of the claims made in the Lawsuit. This release specifically excludes any claims other than those for non-payment of wages. Employer hereby acknowledges that Claimant is only 2 releasing her claim related to her rights under the Fair Labor Standards Act state law claims related to the payment of wages. Employer further acknowledges that the release by Claimant is not intended, nor shall it be construed, as a release of any of Claimant's other possible claims against Employer, including Claimant's claims for harassment and retaliatory discharge that have been filed with the Equal Employment Opportunity Commission and Florida Commission on Human Relations. 3. Attorney's Fees: Should any civil action be brought in order to enforce the provisions of this Agreement, the prevailing party shall be entitled to attorneys' fees and costs incurred in such action. 4. Dismissal: Counsel for Claimant and Employer shall sign a Joint Notice of Settlement, Motion for Approval of Settlement Agreement and Motion to Dismiss Case with Prejudice, to be submitted to the Court in the Lawsuit. 5. Claimant agrees and acknowledges that Employer has made no representations regarding the tax consequences, if any, of the consideration paid pursuant to this Agreement. Claimant also agrees and acknowledges that she will be solely responsible for and will pay any and all federal, state, and local taxes which may be due by virtue of this Agreement. 6. Governing Law: The validity, interpretation and enforcement of this Agreement shall be governed by the laws of the State of Florida without regard to choice of law principles. 7. Entire Agreement: This Agreement constitutes the entire agreement between the Parties and may be amended, modified or superseded only by a written agreement signed by all Parties and is binding on the Parties and their respective successors, assigns and personal representatives. 8. No Construction Against Draftsperson: This Agreement is the jointly drafted product of arms -length negotiations between the Parties with the benefit of advice from their legal counsel. The Parties agree that in no event shall the terms be construed against any party on the basis that such party or its counsel drafted the Agreement. 9. The signatories to this Agreement represent that they have full and complete authority to enter into this Agreement, do so freely and voluntarily, enter into this Agreement as a fair and reasonable resolution of a bona fide dispute and have had the opportunity to consult with counsel prior to executing this Agreement. 10. This Agreement shall bind and inure to the benefit of the heirs, successors, and assigns of the Parties. 11. This Agreement may be executed in multiple originals. Dated this day of MAY, 2015. CHELSEY BRACKIN STATE OF FLORIDA COUNTY OF OKALOOSA The foregoing instrument was acknowledged before me this day of , 2015, by CHELSEY BRACKIN, who is personally known to me or has produced as identification. (SEAL) 4 Notary Public - State of Florida Commission Expires: CITY OF CRESTVIEW, FLORIDA die.a cfi-) BY: ITS: (r.././.7 STATE OF FLORIDA COUNTY OF OKALOOSA The foregoing instrument was ackno ledged before me this day of P2d.?, , 2015, by 4?://2tetil (S e or has produced OFFICIAL NOTARY SEAL Natasha S. Peacock Commission No. FF 145460 My Commission Expires o ary Public - State of F Commission Expires: t7 as identification. , who is personally 5 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA CHELSEY BRACKIN, on behalf of herself and all those similarly situated who consent to representation, Plaintiff, v. CITY OF CRESTVIEW FLORIDA, Defendant. / CASE NO.: 3:15 CV 60-MCRJEMT JOINT NOTICE OF SETTLEMENT, MOTION FOR APPROVAL OF SETTLEMENT AGREEMENT, AND MOTION TO DISMISS CASE WITH PREJUDICE COME NOW Plaintiff, Chelsey Brackin, and Defendant, City of Crestview, Florida, by and through their undersigned counsel, file this Notice of Settlement, Motion for Approval of Settlement Agreement, and Motion to Dismiss Case with Prejudice. In support of the Motion, the parties state as follows: 1. On May , 2015, the Parties came to a settlement agreement regarding the disputed claims in this lawsuit. The Settlement Agreement and Limited Release is attached hereto as Exhibit "A." 2. All Parties have been represented by independent counsel who were obligated to vigorously represent their clients. 3. The settlement funds which Plaintiff is receiving are for complete resolution of her claims pursuant to the Fair Labor Standards Act and encompass attorneys' fees. 4. The Settlement Agreement and Limited Release was negotiated as a fair and reasonable resolution of a bona fide dispute, and it provides for the recovery of attorney's fees and costs should it become necessary to file a civil action to enforce its terms. 5. Plaintiff has not sought and does not plan to seek certification of a collective opt -in class, and resolution of this dispute and dismissal of this case will not prejudice the claims of any potential putative class members. MEMORANDUM OF LAW IN SUPPORT There are only two ways in which a claim for back wages may be settled under the Fair Labor Standards Act of 1938, as amended and codified at 20 U.S.C. § 201 et seq. ("FLSA"). See Lynn's Food Stores, Inc. v. United States Dept. of Labor, 679 F.2d 1350, 1353 (11th Cir. 1982). The first method involves settlement supervised by the Secretary of Labor pursuant to section 216(c) of the FLSA. Id. The only additional way to settle FLSA back wages claims is through a lawsuit brought by the employee directly against the employer under section 216(b). Id. When an employee has brought a private action against the employer under the FLSA, the district court must review the settlement agreement to determine if it is "a fair and reasonable resolution of a bona fide dispute." Id. at 1354-1355. If the settlement agreement is found to be fair and reasonable, then the district court may approve the agreement to "promote the policy of encouraging settlement of litigation." Id. at 1354. Settlements of FLSA claims brought in the context of a lawsuit between the employer and employee provides some assurance of an adversarial context in which the employee is likely to be represented by an attorney who can protect his or her rights under the FLSA. Id. "Thus, when the parties 2 submit a settlement to the court for approval, the settlement is more likely to reflect a reasonable compromise of disputed issues than a mere waiver of statutory rights brought about by an employer's overreaching." Id. In this case, Plaintiff brought claims for compensation under the FLSA. The Defendant vigorously disputes Plaintiffs contentions, but agrees to pay Plaintiff the amount set forth in the Settlement Agreement. Defendant agreed to pay Plaintiff's attorney's fees and costs as set forth in the Settlement Agreement. It is agreed among the parties and counsel that this is a fair and reasonable fee for services of Plaintiffs counsel in bringing these FLSA claims on behalf of Plaintiff. ACCORDINGLY, and for the foregoing reasons, the Parties respectfully request that this Court enter an Order approving the Settlement Agreement and Limited Release and dismissing this case with prejudice. /s/ Tom Hoffer S. THOMAS PEAVEY HOFFER Fla. Bar No. 0935921 Matthews & Jones, LLP 596 N. Ferdon Blvd. Matthews & Jones, LLP Crestview, Florida 32536 Tel.: (850) 682-6211 Fax: (850) 398-6434 E-mail: thoffer@destinlaw.com jrockwell@destinlaw.com ATTORNEY FOR PLAINTIFF /s/ Robert E. Larkin, III ROBERT E. LARKIN, III Fla. Bar No. 160814 J. WES GAY Fla. Bar No, 104743 Allen, Norton & Blue, P.A. 906 N. Monroe Street Tallahassee, Florida 32303 Tel. (850) 561-3503 Fax: (850) 561-0332 E-mail: rlarkin@anblaw.com wgay@anblaw.com ATTORNEYS FOR DEFENDANT CERTIFICATE OF SERVICE I, STEFAN THOMAS PEAVEY HOFFER, do hereby certify that a true and correct copy of the foregoing has been filed using the CM/ECF system which will automatically serve a notice of filing upon: Mr. Robert E. Larkin, III, Esq., and Mr. J. Wes Gay, Esq., Allen Norton & Blue, P.A., 906 North Monroe Street, Suite 100, Tallahassee, Florida 32303, on this day of MAY, 2015. MATTHEWS & JONES, LLP /5/. TOklt 1-1-of-* S. THOMAS PEAVEY HOFFER, ESQ. 4 OESTVIEW CHECK NrJ 023452 E-',192 01 SETTLEMENT CANC-XS -2J\ (e; 3 JONES, L L CITY OF CRESTVIEW P 0 BOX 120,, CqESTVIE.W, P 32500 (850) 682 6131 THNT.) .A17 P r ABLE *****‹3911.96 Cs.„, N3 023452 COASTAL BANK A:\iD TPCST PENSAL;OLA 63-814,632 VENDOR NUMBER DATE CHECK NUMBER NET AMOUNT 392V :22/2015 234S2 HUNr.)REn ELEVEk -7.6/100 rAJLLARS "31—g-11-4 'fp tvITFHEWS ,;a4E71 LLP N FERr*Om (_:F;E:TulFW FT '3257116 (C7'',1,, SECURITY FEATURES IN.;!.t.10,.:D or' BACK. Lct* 00 2345 2111 1:06 3 208 010i: LOO 28 25444o !VP M. C (211:( ".,OU'iCtL