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Case 3:12-cv-02700-B Document 32 Filed 04/25/13 Page 1 of 4 PageID 147

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

LARRY JACKSON, Individually and on
behalf of all others similarly situated,


Plaintiff,


v.

JONES LANG LASALLE AMERICAS,
INC.


Defendant.












Civil Action No. 3:12-cv-2700

Jury Demanded




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WITH PREJUDICE AND FOR APPROVAL OF SETTLEMENT

JOINT MOTION TO DISMISS

The Parties file this Joint Motion to Dismiss With Prejudice and for Approval of

Settlement of this collective action brought under the Fair Labor Standards Act (“FLSA”). As

grounds, the Parties state as follows:

I.

Background.

Plaintiff Larry Jackson (“Jackson”) filed this putative class action on August 8, 2012 in

the United States District Court for the Northern District of Texas. In the Complaint, Jackson

alleges that Defendant Jones Lang LaSalle Americas, Inc. (“JLL”) failed to pay Plaintiff

overtime compensation in violation of the FLSA. Specifically, the Complaint alleges (1) that

JLL misclassified Jackson as exempt from the FLSA’s overtime requirements until January 1,

2012; (2) that once JLL reclassified Jackson as a nonexempt employee, it failed to pay him for

all of his overtime hours; and (3) that JLL improperly excluded nondiscretionary bonuses from

the calculation of the regular rate of pay used to determine Jackson’s overtime payments.

Jackson sued on behalf of himself and all other Chief Engineers who were reclassified from

salaried to hourly paid employees at that time. JLL denies that Jackson and members of the

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Case 3:12-cv-02700-B Document 32 Filed 04/25/13 Page 2 of 4 PageID 148

putative class were not paid in accordance with the FLSA and claims Jackson and putative class

members were properly compensated for all the hours they worked.

After participation in discovery, Jackson and JLL mediated this dispute before an

experienced mediator, Chris Nolland, on January 21, 2013. At the mediation, the Parties reached

agreement on the core terms of the settlement, which covers 49 current and former employees

(including Jackson) who worked for JLL as Chief Engineers between August 2009 and the

present, who were reclassified as nonexempt, hourly paid employees in the first quarter of 2012,

and whose total annual compensation was less than $100,000 prior to the reclassification

(“Potential Class Members”). The Confidential Global Settlement Agreement, which the Court

has permitted the parties to file under seal (see Dkt. No. 30), has now been executed by the

Parties and is filed for Court review and approval (the “Agreement”).

II.

The Agreement is a Fair and Reasonable Compromise of a Bona Fide Dispute.

Courts strongly favor settlement of lawsuits over continued litigation. Williams v. First

Nat’l Bank, 216 U.S. 582, 595 (1910). If the settlement reflects a reasonable compromise over

issues, such as coverage or computation of back wages that are actually in dispute, the court may

approve the settlement in order to promote the policy of encouraging settlement of litigation.

Lynn’s Food Stores, Inc. v. U.S. Dep’t of Labor, 679 F.2d 1350, 1354-55 (11th Cir. 1982).

The Agreement in this case is fair and reasonable, and reflects a compromise over

disputed issues of coverage and damages. The Parties reached agreement on its terms pursuant

to arms-length negotiations occurring for several weeks and following a mediation. The Parties

conducted extensive and costly discovery, investigation, and research into these issues, and

counsel for the Parties are able to reasonably evaluate their respective positions.

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Case 3:12-cv-02700-B Document 32 Filed 04/25/13 Page 3 of 4 PageID 149

Specifically, Jackson was seeking three years of back pay plus an additional amount for

liquidated damages, and attorneys’ fees and costs on his behalf and on behalf of those similarly

situated. Jackson claimed that he and other Chief Engineers reclassified during the first quarter

of 2012 primarily perform non-exempt work and were misclassified as exempt from the overtime

provisions of the FLSA during the relevant period. JLL claimed that Jackson and other Chief

Engineers reclassified during the first quarter of 2012 primarily perform exempt administrative

and/or managerial work and that they were properly classified as exempt from the overtime

requirements of the FLSA during the relevant period. JLL further claimed that Plaintiff and

other Chief Engineers were properly paid for all hours they worked during the relevant time

period.

Thus, there existed a bona fide dispute about whether the Chief Engineers were properly

classified as exempt and were properly compensated under the FLSA. After lengthy

negotiations, the Parties ultimately reached an Agreement. This Agreement, as a whole,

represents a fair and reasonable compromise over a dispute regarding wages.

Accordingly, the parties respectfully request that the Court dismiss the case with

prejudice and approve the Agreement as a fair, reasonable, and adequate settlement of a bona

fide dispute.

Dated: April 25, 2013.

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Case 3:12-cv-02700-B Document 32 Filed 04/25/13 Page 4 of 4 PageID 150




Respectfully Submitted,


/s/ J. Derek Braziel
J. Derek Braziel
State Bar No. 00793380
Meredith Mathews
State Bar No. 24055180
LEE & BRAZIEL, LLP
1801 N. Lamar St. Ste. 325
Dallas, Texas 75202
Telephone: (214) 749-1400
Facsimile: (214) 749-1010

ATTORNEYS FOR PLAINTIFFS








/s/ Brian Jorgensen
Brian Jorgensen
Texas State Bar No. 24012930
Natalia Oehninger
Texas State Bar No. 24074831
JONES DAY
2727 North Harwood Street
Dallas, TX 75201-1515
Telephone: (214) 220-3939
Facsimile: (214) 969-5100

ATTORNEYS FOR DEFENDANT JONES
LANG LASALLE AMERICAS, INC.

CERTIFICATE OF SERVICE

I hereby certify that on April 25, 2013, a copy of the foregoing document was filed with

the court. Notice of this filing will be sent to counsel of record for all parties in accordance with

the Federal Rules of Civil Procedure.

















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/s/ J. Derek Braziel___________
J. DEREK BRAZIEL



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