Roberts v. M & M Tire & Mechanical Services Inc

Filing 16

MEMORANDUM OPINION. Signed by Judge Madeline Hughes Haikala on 12/20/2017. (KEK)

FILED
2017 Dec-20 AM 09:24
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION

KENNETH ROBERTS,
Plaintiff,
v.
M & M TIRE & MECHANICAL
SERVICES, INC.,
Defendant.

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Case No.: 2:17-cv-00506-MHH

MEMORANDUM OPINION
Plaintiff Kenneth Roberts brought this action under the Fair Labor Standards
Act (“FLSA”), 29 U.S.C. § 201, et seq., against defendant M&M Tire &
Mechanical Services, Inc. for unpaid overtime wages. (Doc. 1). The parties have
reached an agreement resolving Mr. Roberts’s FLSA claim. (Doc. 15). Pursuant
to Lynn’s Food Stores, Inc. v. U.S. ex. Rel. U.S. Dep’t of Labor, 679 F.2d 1350
(11th Cir. 1982), the parties ask the Court to approve their settlement and dismiss
this case.
The Court has examined the pleadings and finds that a bona fide dispute of
law and fact exists in this case, including whether Mr. Roberts was an exempt
employee for purposes of the FLSA. (Doc. 1, pp. 3–4; Doc. 6, pp. 3–4). Having

reviewed the terms of the parties’ proposed FLSA settlement, the Court finds that
the agreement’s terms represent a fair and reasonable compromise of a bona fide
dispute. Therefore, the Court approves the settlement and directs the parties to
finalize the settlement through the exchange of consideration.
Consistent with the parties’ agreement, Mr. Roberts will release his FLSA
claim for overtime wages in exchange for $1,890.00 in unpaid wages (less
applicable taxes and withholdings) and $1,890.00 in liquidated damages. (Doc. 15,
p. 9). Also in accordance with the agreement, M&M shall pay attorney’s fees and
costs in the amount of $5,220.00 to the firm of Fonteneau and Arnold, LLC. (Doc.
15, pp. 9–10). The Court finds the fee payment reasonable under the particular
circumstances of this case.
The Court will enter a separate order dismissing this action with prejudice.
DONE and ORDERED this December 19, 2017.

_________________________________
MADELINE HUGHES HAIKALA
UNITED STATES DISTRICT JUDGE