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Dotts v. Jefferson Crest, LLC

United States District Court, E.D. Wisconsin

May 14, 2018

SH AT AW AN DOTTS, on behalf of herself and all others similarly situated, Plaintiffs,
v.
JEFFERSON CREST, LLC and DANIEL E. TAYLOR, Defendants. Name Service Payment 1099 Current Claim W2 Current Claim 1099 Other Claims W2 Other Claims 1099 Name Current Claim W2 Current Claim 1099 Other Claims W2 Other Claims 1099 Name Current Claim W2 Current Claim 1099 Other Claims W2 Other Claims 1099 Name Current Claim W2 Current Claim 1099 Other Claims W2 Other Claims 1099 Name Current Claim W2 Current Claim 1099 Other Claims W2 Other Claims 1099 DATE AMOUNT

          ORDER

          J. P. STADTMUELLER U.S. DISTRICT JUDGE

         On May 4, 2018, the parties filed an amended joint motion for approval of their settlement agreement resolving Plaintiffs' Fair Labor Standards Act and Wisconsin wage and hour law claims against Defendants, including the claims stated in the complaint and additional claims not included in the complaint but uncovered through discovery and investigation into this matter. (Docket #45).[1] After reviewing the terms of the settlement agreement, (Docket #43-1), and the addendum thereto relating to this Court's retention of jurisdiction, (Docket #45-l), [2] the Court finds the parties' settlement constitutes "a fair and reasonable resolution of [] bona fide dispute[s]" under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq., and Wisconsin law, Lynn Food Stores, Inc. v. United States, 679 F.2d 1350, 1355 (11th Cir. 1982); Walton v. United Consumers Club, Inc., 786 F.2d 303, 306 (7th Cir. 1986). As such, the Court will approve the parties' settlement agreement.

         Further, as requested, the Court will award Plaintiffs their attorney's fees and costs in the amount of $40, 000.00, as the evidence submitted in connection with the parties' motion shows that the fees and costs sought were reasonably incurred. See (Docket #44). Finally, as requested, the Court will dismiss this action with prejudice and without taxing costs to either party, while retaining jurisdiction over this matter for potential enforcement of the settlement agreement pursuant to Kokkonen v. Guardian Life Insurance Company of America, 511 U.S. 375 (1994).

         Accordingly, IT IS ORDERED that the parties' original joint motion for approval of the settlement agreement (Docket #43) be and the same is hereby DENIED as moot;

         IT IS FURTHER ORDERED that the parties' amended joint motion for approval of the settlement agreement (Docket #45) be and the same is hereby GRANTED;

         IT IS FURTHER ORDERED that the parties' settlement agreement (Docket #43-1) and addendum thereto (Docket #45-1) be and the same are hereby APPROVED, and the amounts set forth therein shall be paid as provided in the settlement agreement and its exhibits;

         IT IS FURTHER ORDERED that Plaintiffs are awarded attorney's fees and costs in the amount of $40, 000.00, to be paid as set forth in the settlement agreement and its exhibits;

         IT IS FURTHER ORDERED that on or before August 15, 2018, Defendants shall make all payments to Plaintiffs according to the following table:

Name
Service Payment 1099
Current Claim W2
Current Claim 1099
Other Claims W2
Other Claims 1099

Alex Jones

$30.60

$30.60

$126.36

$126.36

Amie Golimowski

$0.63

$0.63

$6.44

$6.44

Andrew Hardin

$1.85

$1.85

$0.00

$0.00

Aquice Collins

$5.72

$5.72

$12.26

$12.26

Argo McMorris

$30.68

$30.68

$57.01

$57.01

Ashley Jarrell

$7.34

$7.34

$23.60

$23.60

Betty Clemons

$5.94

$5.94

$15.86

$15.86

Betty Wilks

$0.62

$0.62

$19.83

$19.83

Carla Jelks

$0.57

$0.57

$1.23

$1.23

Catherine O'Connor

$0.00

$0.00

$2.15

$2.15

Charmaine Davenport

$7.66

$7.66

$0.00

$0.00

Constance Price

$0.00

$0.00

$24.15

$24.15

Crystal Chatman

$5.86

$5.86

$0.00

$0.00

Danny Waites

$0.00

$0.00

$1.04

$1.04

Darnell Townsell

$0.94

$0.94

$10.56

$10.56

Darnisha Walton

$0.00

$0.00

$6.26

$6.26

Denise Brown

$48.13

$48.13

$71.87

$71.87

Devon Burns

$0.57

$0.57

$0.00

$0.00

Erica Dixon

$0.00

$0.00

$4.17

$4.17

Evette Clark

$0.00

$0.00

$19.31

$19.31

Janae Smith

$4.54

$4.54

$8.58

$8.58

Jaquita Green

$2.29

$2.29

$5.72

$5.72

Kaneshia Jones

$0.98

$0.98

$9.92

$9.92

Karrimetha Walker

$1.64

$1.64

$16.70

$16.70

Kathy Townsend

$0.16

$0.16

$1.07

$1.07

Kenisha Davis

$1.08

$1.08

$8.35

$8.35

Keondra Sanford

$1.42

$1.42

$10.73

$10.73

Kiera Thompson

$0.00

$0.00

$2.09

$2.09

Kimberly Wright

$0.00

$0.00

$1.13

$1.13

Lakesha Barefield

$2.11

$2.11

$6.39

$6.39

Lannika Connor

$0.00

$0.00

$0.84

$0.84

Laquita Allen

$0.15

$0.15

$16.70

$16.70

Latasha Eskridge

$0.16

$0.16

$4.41

$4.41

Latonya Parker

$7.66

$7.66

$26.84

$26.84

Latrina Kittler

$0.32

$0.32

$4.42

$4.42

Lawanda Carter

$0.74

$0.74

$8.58

$8.58

Lucille Brawner

$10.37

$10.37

$12.52

$12.52

Mi'Laija Hyche

$2.43

$2.43

$15.03

$15.03

Monica Lambert

$0.34

$0.34

$2.28

$2.28

Monique Grimes

$11.73

$11.73

$19.05

$19.05

Natchia Harris

$2.38

$2.38

$7.51

$7.51

Octavia Mitchell

$0.16

$0.16

$2.20

$2.20

Pinkie Broadway

$1.17

$1.17

$9.05

$9.05

Precious Benjamin

$33.99

$33.99

$33.85

$33.85

Raven Bishop

$11.80

$11.80

$14.34

$14.34

Roshelia Bush

$0.00

$0.00

$6.44

$6.44

Schlonda Holifield

$0.57

$0.57

$3.31

$3.31

Serenity Armstead

$0.00

$0.00

$1.16

$1.16

Shakia Adams

$0.15

$0.15

$2.09

$2.09

Shamika Christian

$8.58

$8.58

$15.66

$15.66

Shannon Davis

$0.15

$0.15

$3.13

$3.13

Sharon Washington

$5.11

$5.11

$36.96

$36.96

Shatawan Dotts

$1, 000.00

$14.28

$14.28

$19.83

$19.83

Shauntize Richards

$4.31

$4.31

$6.26

$6.26

Star Davis-Stinson

$9.19

$9.19

$0.00

$0.00

Tahesha Young

$3.31

$3.31

$18.98

$18.98

Takiesha Lamb-Malone

$0.57

$0.57

$1.23

$1.23

Talisha Peete

$0.44

$0.44

$6.43

$6.43

Taquita Hodges

$1.72

$1.72

$5.22

$5.22

Tarrell Hogle

$9.65

$9.65

$5.91

$5.91

Tasha Evans

$0.69

$0.69

$2.25

$2.25

Tashiana Fleming

$4.21

$4.21

$12.52

$12.52

Tatanashana Carter

$14.94

$14.94

$42.91

$42.91

Teira Austin

$9.02

$9.02

$0.00

$0.00

Tiffany Buford

$12.67

$12.67

$11.60

$11.60

Tiffany Pirtle

$31.51

$31.51

$33.25

$33.25

Tijuana Johnson

$0.00

$0.00

$2.15

$2.15

Tonya Larry

$2.27

$2.27

$66.71

$66.71

Tyeshia Brown

$4.67

$4.67

$0.00

$0.00

Tyra Cox

$0.17

$0.17

$2.26

$2.26

Vydelia Parker

$32.64

$32.64

$71.20

$71.20

William Autry

$33.89

$33.89

$20.91

$20.91

Willie Ray Bounds

$0.57

$0.57

$1.23

$1.23

         IT IS FURTHER ORDERED that on or before February 15, 2019, Defendants shall make all payments to Plaintiffs according to the following table:

Name
Current Claim W2
Current Claim 1099
Other Claims W2
Other Claims 1099

Alex Jones

$47.60

$47.60

$156.45

$156.45

Amie Golimowski

$0.98

$0.98

$7.97

$7.97

Andrew Hardin

$2.87

$2.87

$0.00

$0.00

Aquice Collins

$8.89

$8.89

$15.18

$15.18

Argo McMorris

$47.72

$47.72

$70.59

$70.59

Ashley Jarrell

$11.41

$11.41

$29.22

$29.22

Betty Clemons

$9.24

$9.24

$19.63

$19.63

Betty Wilks

$0.96

$0.96

$24.55

$24.55

Carla Jelks

$0.89

$0.89

$1.52

$1.52

Catherine O'Connor

$0.00

$0.00

$2.66

$2.66

Charmaine Davenport

$11.92

$11.92

$0.00

$0.00

Constance Price

$0.00

$0.00

$29.90

$29.90

Crystal Chatman

$9.11

$9.11

$0.00

$0.00

Danny Waites

$0.00

$0.00

$1.29

$1.29

Darnell Townsell

$1.46

$1.46

$13.08

$13.08

Darnisha Walton

$0.00

$0.00

$7.75

$7.75

Denise Brown

$74.87

$74.87

$88.98

$88.98

Devon Burns

$0.89

$0.89

$0.00

$0.00

Erica Dixon

$0.00

$0.00

$5.17

$5.17

Evette Clark

$0.00

$0.00

$23.91

$23.91

Janae Smith

$7.06

$7.06

$10.62

$10.62

Jaquita Green

$3.56

$3.56

$7.09

$7.09

Kaneshia Jones

$1.52

$1.52

$12.28

$12.28

Karrimetha Walker

$2.56

$2.56

$20.67

$20.67

Kathy Townsend

$0.25

$0.25

$1.33

$1.33

Kenisha Davis

$1.68

$1.68

$10.34

$10.34

Keondra Sanford

$2.22

$2.22

$13.28

$13.28

Kiera Thompson

$0.00

$0.00

$2.58

$2.58

Kimberly Wright

$0.00

$0.00

$1.40

$1.40

Lakesha Barefield

$3.29

$3.29

$7.91

$7.91

Lannika Connor

$0.00

$0.00

$1.04

$1.04

Laquita Allen

$0.24

$0.24

$20.67

$20.67

Latasha Eskridge

$0.25

$0.25

$5.46

$5.46

Latonya Parker

$11.91

$11.91

$33.22

$33.22

Latrina Kittler

$0.50

$0.50

$5.48

$5.48

Lawanda Carter

$1.15

$1.15

$10.62

$10.62

Lucille Brawner

$16.14

$16.14

$15.51

$15.51

Mi'Laija Hyche

$3.78

$3.78

$18.61

$18.61

Monica Lambert

$0.52

$0.52

$2.82

$2.82

Monique Grimes

$18.24

$18.24

$23.59

$23.59

Natchia Harris

$3.69

$3.69

$9.30

$9.30

Octavia Mitchell

$0.25

$0.25

$2.73

$2.73

Pinkie Broadway

$1.82

$1.82

$11.20

$11.20

Precious Benjamin

$52.87

$52.87

$41.91

$41.91

Raven Bishop

$18.36

$18.36

$17.76

$17.76

Roshelia Bush

$0.00

$0.00

$7.97

$7.97

Schlonda Holifield

$0.89

$0.89

$4.10

$4.10

Serenity Armstead

$0.00

$0.00

$1.43

$1.43

Shakia Adams

$0.24

$0.24

$2.58

$2.58

Shamika Christian

$13.34

$13.34

$19.38

$19.38

Shannon Davis

$0.24

$0.24

$3.88

$3.88

Sharon Washington

$7.94

$7.94

$45.76

$45.76

Shatawan Dotts

$22.21

$22.21

$24.55

$24.55

Shauntize Richards

$6.71

$6.71

$7.75

$7.75

Star Davis-Stinson

$14.30

$14.30

$0.00

$0.00

Tahesha Young

$5.15

$5.15

$23.50

$23.50

Takiesha Lamb-Malone

$0.89

$0.89

$1.52

$1.52

Talisha Peete

$0.69

$0.69

$7.96

$7.96

Taquita Hodges

$2.67

$2.67

$6.46

$6.46

Tarrell Hogle

$15.01

$15.01

$7.32

$7.32

Tasha Evans

$1.07

$1.07

$2.79

$2.79

Tashiana Fleming

$6.55

$6.55

$15.51

$15.51

Tatanashana Carter

$23.24

$23.24

$53.12

$53.12

Teira Austin

$14.04

$14.04

$0.00

$0.00

Tiffany Buford

$19.70

$19.70

$14.36

$14.36

Tiffany Pirtle

$49.01

$49.01

$41.17

$41.17

Tijuana Johnson

$0.00

$0.00

$2.66

$2.66

Tonya Larry

$3.53

$3.53

$82.59

$82.59

Tyeshia Brown

$7.27

$7.27

$0.00

$0.00

Tyra Cox

$0.26

$0.26

$2.80

$2.80

Vydelia Parker

$50.77

$50.77

$88.16

$88.16

William Autry

$52.72

$52.72

$25.89

$25.89

Willie Ray Bounds

$0.89

$0.89

$1.52

$1.52

         IT IS FURTHER ORDERED that on or before August 15, 2019, Defendants shall make all payments to Plaintiffs according to the following table:

Name
Current Claim W2
Current Claim 1099
Other Claims W2
Other Claims 1099

Alex Jones

$47.60

$47.60

$156.45

$156.45

Amie Golimowski

$0.98

$0.98

$7.97

$7.97

Andrew Hardin

$2.87

$2.87

$0.00

$0.00

Aquice Collins

$8.89

$8.89

$15.18

$15.18

Argo McMorris

$47.72

$47.72

$70.59

$70.59

Ashley Jarrell

$11.41

$11.41

$29.22

$29.22

Betty Clemons

$9.24

$9.24

$19.63

$19.63

Betty Wilks

$0.96

$0.96

$24.55

$24.55

Carla Jelks

$0.89

$0.89

$1.52

$1.52

Catherine O'Connor

$0.00

$0.00

$2.66

$2.66

Charmaine Davenport

$11.92

$11.92

$0.00

$0.00

Constance Price

$0.00

$0.00

$29.90

$29.90

Crystal Chatman

$9.11

$9.11

$0.00

$0.00

Danny Waites

$0.00

$0.00

$1.29

$1.29

Darnell Townsell

$1.46

$1.46

$13.08

$13.08

Darnisha Walton

$0.00

$0.00

$7.75

$7.75

Denise Brown

$74.87

$74.87

$88.98

$88.98

Devon Burns

$0.89

$0.89

$0.00

$0.00

Erica Dixon

$0.00

$0.00

$5.17

$5.17

Evette Clark

$0.00

$0.00

$23.91

$23.91

Janae Smith

$7.06

$7.06

$10.62

$10.62

Jaquita Green

$3.56

$3.56

$7.09

$7.09

Kaneshia Jones

$1.52

$1.52

$12.28

$12.28

Karrimetha Walker

$2.56

$2.56

$20.67

$20.67

Kathy Townsend

$0.25

$0.25

$1.33

$1.33

Kenisha Davis

$1.68

$1.68

$10.34

$10.34

Keondra Sanford

$2.22

$2.22

$13.28

$13.28

Kiera Thompson

$0.00

$0.00

$2.58

$2.58

Kimberly Wright

$0.00

$0.00

$1.40

$1.40

Lakesha Barefield

$3.29

$3.29

$7.91

$7.91

Lannika Connor

$0.00

$0.00

$1.04

$1.04

Laquita Allen

$0.24

$0.24

$20.67

$20.67

Latasha Eskridge

$0.25

$0.25

$5.46

$5.46

Latonya Parker

$11.91

$11.91

$33.22

$33.22

Latrina Kittler

$0.50

$0.50

$5.48

$5.48

Lawanda Carter

$1.15

$1.15

$10.62

$10.62

Lucille Brawner

$16.14

$16.14

$15.51

$15.51

Mi'Laija Hyche

$3.78

$3.78

$18.61

$18.61

Monica Lambert

$0.52

$0.52

$2.82

$2.82

Monique Grimes

$18.24

$18.24

$23.59

$23.59

Natchia Harris

$3.69

$3.69

$9.30

$9.30

Octavia Mitchell

$0.25

$0.25

$2.73

$2.73

Pinkie Broadway

$1.82

$1.82

$11.20

$11.20

Precious Benjamin

$52.87

$52.87

$41.91

$41.91

Raven Bishop

$18.36

$18.36

$17.76

$17.76

Roshelia Bush

$0.00

$0.00

$7.97

$7.97

Schlonda Holifield

$0.89

$0.89

$4.10

$4.10

Serenity Armstead

$0.00

$0.00

$1.43

$1.43

Shakia Adams

$0.24

$0.24

$2.58

$2.58

Shamika Christian

$13.34

$13.34

$19.38

$19.38

Shannon Davis

$0.24

$0.24

$3.88

$3.88

Sharon Washington

$7.94

$7.94

$45.76

$45.76

Shatawan Dotts

$22.21

$22.21

$24.55

$24.55

Shauntize Richards

$6.71

$6.71

$7.75

$7.75

Star Davis-Stinson

$14.30

$14.30

$0.00

$0.00

Tahesha Young

$5.15

$5.15

$23.50

$23.50

Takiesha Lamb-Malone

$0.89

$0.89

$1.52

$1.52

Talisha Peete

$0.69

$0.69

$7.96

$7.96

Taquita Hodges

$2.67

$2.67

$6.46

$6.46

Tarrell Hogle

$15.01

$15.01

$7.32

$7.32

Tasha Evans

$1.07

$1.07

$2.79

$2.79

Tashiana Fleming

$6.55

$6.55

$15.51

$15.51

Tatanashana Carter

$23.24

$23.24

$53.12

$53.12

Teira Austin

$14.04

$14.04

$0.00

$0.00

Tiffany Buford

$19.70

$19.70

$14.36

$14.36

Tiffany Pirtle

$49.01

$49.01

$41.17

$41.17

Tijuana Johnson

$0.00

$0.00

$2.66

$2.66

Tonya Larry

$3.53

$3.53

$82.59

$82.59

Tyeshia Brown

$7.27

$7.27

$0.00

$0.00

Tyra Cox

$0.26

$0.26

$2.80

$2.80

Vydelia Parker

$50.77

$50.77

$88.16

$88.16

William Autry

$52.72

$52.72

$25.89

$25.89

Willie Ray Bounds

$0.89

$0.89

$1.52

$1.52

         IT IS FURTHER ORDERED that on or before February 15, 2020, Defendants shall make all payments to Plaintiffs ...


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