Ivey v. AES Mechanical Services Group, Inc. et al

Filing 23

ORDER APPROVING SETTLEMENT: 1. That the parties' joint motion for approval of settlement 22 be and is hereby GRANTED, and the settlement agreement as outlined in that motion is APPROVED; 2. That this action be and is hereby DISMISSED with prej udice, provided that any party may reinstate the action within thirty days from the date of the entry of this order if the settlement agreement documentation is not consummated; and 3. That the Clerk of the Court is DIRECTED to close this case. Signed by Honorable Judge Charles S. Coody on 4/11/2012. (Attachments: # 1 Civil Appeals Checklist)(jg, ) TERMINATED: Final Pretrial Conference 07/09/2012; Non-Jury Trial 08/27/2012

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
JERRY IVEY,
Plaintiff,
v.
AES MECHANICAL SERVICES
GROUP, INC., et al.,
Defendants.

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CIVIL ACT. NO. 2:11cv553-CSC
(WO)

ORDER APPROVING SETTLEMENT
Before the Court is a Joint Motion for Approval of Settlement of Plaintiffs’ claims
alleging violations of the Fair Labor Standards Act of 1938 ("FLSA"), 29U.S.C. §§
201-219. The court1 concludes the motion is due to be granted.
“When employees bring a private action for back wages under the FLSA, and
present to the district court a proposed settlement, the district court may enter a stipulated
judgment after scrutinizing the settlement for fairness.” Lynn's FoodStores, Inc. v. United
States of Am. ex. reI. US Dep't of Labor, 679 F.2d 1350,13 (II th . 1982). The court
should determine that the settlement “is a fair and reasonable resolution of a bona fide
dispute over FLSA provisions.” Id. at 1354. After being fully advised of the terms of the
settlement agreement, the court finds that it is a fair and reasonable resolution of a bona
fide dispute over FLSA provisions. Accordingly, it is

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Pursuant to 28 U.S.C. § 636(c), the parties have consented to entry of final judgment by the
United States Magistrate Judge.

ORDERED as follows:
1. That the parties' joint motion for approval of settlement (doc. # 22) be and is
hereby GRANTED, and the settlement agreement as outlined in that motion is
APPROVED;
2. That this action be and is hereby DISMISSED with prejudice, provided that any
party may reinstate the action within thirty days from the date of the entry of this order if
the settlement agreement documentation is not consummated; and
3. That the Clerk of the Court is DIRECTED to close this case.
Done this 11th day of April, 2012.

/s/Charles S. Coody
CHARLES S. COODY
UNITED STATES MAGISTRATE JUDGE

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