Maclin et al v. Montgomery and Sons Construction Inc et al

Filing 121

ORDER granting 117 Motion to Approve Settlement Agreement; granting 118 Motion for Attorney Fees. Signed by Judge D. P. Marshall Jr. on 10/2/13. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
STEPHEN MACLIN; RUBEN TOBIN;
DUSTIN ROBINSON; and GERARD
JOHNSON, all individually and on
behalf of others similarly situated

v.

PLAINTIFFS

No. 4:12-cv-5-DPM

MONTGOMERY AND SONS
CONSTRUCTION INC. and JOHN
MONTGOMERY, individually and
as owner/manager of Montgomery
and Sons Construction, Inc.

DEFENDANTS

ORDER
The joint motion to approve the settlement agreement, NQ 117, is
granted. The parties' proposed settlement is fair, reasonable, and adequate
based on all the material circumstances. The Court considers four things: (a)
the probability of success in the litigation; (b) the difficulties associated with
collecting the award; (c) the complexity of the litigation involved, and the
inconvenience and delay necessarily attending it; and (d) the interests of the
parties and a proper deference to their reasonable views in the circumstances.
In re Flight Transportation Corp. Securities Litigation, 730 F.2d 1128, 1135 (8th

Cir. 1984).

The proposed settlement pays the Plaintiffs their alleged back-pay
wages and full liquidated damages, satisfying their interests and achieving
the litigation's primary goal.

Montgomery and Sons, Inc. and John

Montgomery will bear the Plaintiffs' litigation expenses and attomey fees
without conceding fault. Settlement avoids the substantial costs of a trial,
including delay, and brings final resolution to this case. In light of Plaintiffs
being made more than whole, and applying all the Flight Transportation
considerations, the Court approves the settlement.
The Court need not review the billing records; this litigation has been
time consuming and complex. The tax documents and other discovery were
voluminous. The Court is very familiar with counsel's work from the various
hearings and many filings. Under the circumstances, the attorney fees are
reasonable. And all parties have agreed to the deal on the proposed terms.
The unopposed motion for attorney fees, NQ 118, is granted. The Court will
enter judgment unless the parties advise of some consummation problem by
18 October 2013.
So Ordered.

D.P. Marshall Jr. t7
United States District Judge

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