Rivers v. Vaughn Urgent Care, LLC (JOINT ASSIGN)(MAG+)

Filing 24

OPINION. Signed by Honorable Judge Myron H. Thompson on 5/19/2016. (wcl, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION LELA S. RIVERS, ) ) ) ) ) ) ) ) ) Plaintiff, v. VAUGHN URGENT CARE, LLC, Defendant. CIVIL ACTION NO. 2:14cv1172-MHT (WO) OPINION Plaintiff Lela Rivers, a nursing assistant, brought an action against her former employer, defendant Vaughn Urgent Care, LLC, alleging racial discrimination and retaliation pursuant to 42 U.S.C. § 1981 and Title VII of the Civil Rights Act of 1964, as well as the anti-retaliation provision of the Fair Labor Standards Act (FLSA), 29 U.S.C. § 215(a)(3). The parties have now settled the case, and filed a joint stipulation of dismissal. Following briefing by the parties, the court is satisfied that Lynn’s Food Stores, Inc. v. United States, 679 F.2d 1350 (11th Cir. 1982), which requires courts to review the fairness of private wages settlements and liquidated of FLSA claims damages, does for not unpaid back require such review of settlements, like the one before the court, involving only retaliation claims under FLSA (or other, non-FLSA claims). See McQuillan v. H.W. Lochner, Inc., 2013 at WL 6184063, (Honeywell, J., *3 (M.D. adopting Fla. Nov. recommendation 25, of 2013) Smith, M.J.); Dorner v. Polsinelli, White, Vardeman & Shalton, P.C., 856 F. Supp. 1483, 1489 (D. Kan. 1994) (O’Connor, J.). Judgment will be entered accordingly. DONE, this the 19th day of May, 2016. /s/ Myron H. Thompson____ UNITED STATES DISTRICT JUDGE

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