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)

Download PDF
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 -2-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?