Sweeney v. Montgomery County Board of Education et al

Filing 18

ORDERED as follows: 1) The 16 Joint Motion for Approval of Settlement and Dismissal With Prejudice, is GRANTED; 2) This case is DISMISSED with prejudice, in its entirety, with each party will bear its or their own costs; 3) The court shall retain jurisdiction over this case only for the purpose of enforcing the Parties' Agreement. Signed by Honorable Judge W. Harold Albritton, III on 7/31/2015. (furn: calendar, eb)(term: PTC for 02/04/2016; Jury Trial for 03/07/2016) (wcl, )

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION MARY T. SWEENEY, ) ) Plaintiff, ) ) v. ) CIVIL ACTION NO. 2:15cv68-WHA ) ) (wo) MONTGOMERY COUNTY BOARD OF ) EDUCATION, MARGARET TAYLOR) ALLEN, individually and in her official ) capacity as Superintendent of Montgomery ) County Board of Education, LESA KEITH, ) ELEANOR LEWIS DAWKINS, MELISSA B.) SNOWDEN, MARY BRIERS, BEVERLY ) ROSS, W. DURDEN DEAN, and ROBERT ) PORTERFIELD, in their individual and ) official capacities as Board Members of the ) Montgomery County Board of Education. ) ) Defendants. ) ORDER This cause is before the court on a Joint Motion for Approval of Settlement and Dismissal With Prejudice (Doc. #16). Upon reviewing the Motion, and reviewing the terms of the Settlement Agreement and Release of all Claims filed with the court (Doc. #17), this court is of the opinion that there are bona fide disputes over provisions of the Fair Labor Standards Act, 29 U.S.C. '201, and that the settlement is a fair and reasonable resolution of such bona fide disputes and should be approved by this court. See Lynn=s Food Stores, Inc. v. U.S., 679 F.2d 1350, 1355 (11th Cir. 1982). Therefore, it is hereby ORDERED as follows: 1. The Joint Motion for Approval of Settlement and Dismissal With Prejudice (Doc. #16), is GRANTED. 2. This case is DISMISSED with prejudice, in its entirety, with each party will bear its or their own costs. 3. The court shall retain jurisdiction over this case only for the purpose of enforcing the Parties’ Agreement. Done this 31st day of July, 2015. /s/ W. Harold Albritton W. HAROLD ALBRITTON SENIOR UNITED STATES DISTRICT JUDGE

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