Carter v. Zaxby's River Region Payroll, LLC

Filing 16

ORDER AND PRO AMI JUDGMENT: For the reasons discussed in the court's memorandum opinion in the instant case, it is the ORDER, JUDGMENT and DECREE of the court that: (1) The joint petition for pro ami hearing and settlement approval (Doc. #1 ) is denied in part, to the extent, it seeks a pro ami hearing (for the parties and the court agreed affidavits could be considered in lieu of a hearing); and it is granted in part, to the degree it seeks approval of the proposed settlement agreement (subject to changes by the court). Thus, the proposed settlement agreement (Doc. #13 -3 at 4-11) is approved with the modifications set forth in this opinion. (2) Defendant Zaxby's River Region Payroll, LLC, shall pay, and plaintiff Tiffany Carter, as mother and next friend of T.C., a minor, agrees to accept on T.C.'s behalf, the total sum set forth in the parties' settlement agreement and release (Doc. #13 -3 at 4-11) as an absolute and full compromise settlement of all claims asserted, including for attorneys' fees and costs of any accrued during legal representation commencing with the administrative proceedings before the EEOC and continuing through consummation of the settlement agreement ending this litigation. (3) Upon receipt by all payees of the full sum provided for in the settlement agreement and release (Doc. #13 -3 at 4-11), plaintiff Carter, as mother and next friend of T.C., a minor, shall file with the court, by no later than 6/30/2023, a notice of satisfaction of the pro ami judgment confirming both (i) the satisfaction of payment as described in the settlement agreement and (ii) that the case can be dismissed, which the court will construe as a motion to dismiss and terminate with prejudice as to all parties. It is further ORDERED that, pursuant to the agreement of the parties, which this court has approved, no costs are taxed. This case is not closed, and the court retains jurisdiction to resolve any issues regarding the settlement. Signed by Honorable Judge Myron H. Thompson on 5/19/2023. (dmn, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
TIFFANY CARTER,
as mother and next friend
of T.C., a minor,
Plaintiff,
v.
ZAXBY’S RIVER REGION
PAYROLL, LLC,
Defendant.

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CIVIL ACTION NO.
2:23cv225-MHT
(WO)

ORDER AND PRO AMI JUDGMENT
For the reasons discussed in the court’s memorandum
opinion in the instant case, it is the ORDER, JUDGMENT
and DECREE of the court that:
(1)

The

joint

petition

for

pro

ami

hearing

and

settlement approval (Doc. 1) is denied in part, to the
extent it seeks a pro ami hearing (for the parties and
the court agreed affidavits could be considered in lieu
of a hearing); and it is granted in part, to the degree
it seeks approval of the proposed settlement agreement
(subject to changes by the court).

Thus, the proposed

settlement agreement (Doc. 13-3 at 4-11) is approved with
the modifications set forth in this opinion.
(2) Defendant Zaxby’s River Region Payroll, LLC,
shall pay, and plaintiff Tiffany Carter, as mother and
next friend of T.C., a minor, agrees to accept on T.C.’s
behalf,

the

total

sum

set

forth

in

the

parties’

settlement agreement and release (Doc. 13-3 at 4-11) as
an absolute and full compromise settlement of all claims
asserted, including for attorneys’ fees and costs of any
accrued during legal representation commencing with the
administrative proceedings before the Equal Employment
Opportunity

Commission

and

continuing

through

consummation of the settlement agreement ending this
litigation.
(3) Upon receipt by all payees of the full sum
provided for in the settlement agreement and release
(Doc. 13-3 at 4-11), plaintiff Carter, as mother and next
friend of T.C., a minor, shall file with the court, by
no later than June 30, 2023, a notice of satisfaction of
the pro ami judgment confirming both (i) the satisfaction

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of payment as described in the settlement agreement and
(ii) that the case can be dismissed, which the court will
construe

as

a

motion

to

dismiss

and

terminate

with

prejudice as to all parties.
It is further ORDERED that, pursuant to the agreement
of the parties, which this court has approved, no costs
are taxed.
This

case

jurisdiction

is
to

not

closed,

resolve

any

and

the

issues

court

retains

regarding

the

settlement.
DONE, this the 19th day of May, 2023.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE

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