Long v. Ryla Teleservices, Inc.

Filing 59

ORDER DISMISSING CASE with prejudice, subject however to this Court's jurisdiction to approve the settlement agreement and allow a reasonable attorney's fee. Parties to file their motion to approve settlement agreement and motion for attorney's fees nlt 12/28/12. Deadline set for 12/28/2012. Signed by Judge Kristi K. DuBose on 12/13/2012. (cmj)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
CAROL LONG,

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Plaintiff,

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vs.

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ALORICA, INC., f/K/A RYLA
TELESERVICES, INC.,

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Defendant.

CIVIL ACTION NO. 11-00476-KD-C

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ORDER

This action is before the Court on notice that the parties have reached a settlement
agreement as to Carol Long’s claims against Alorica, Inc., but the issue of a reasonable
attorney’s fee for her counsel has not been resolved. The docket indicates that Magistrate Judge
Sonja F. Bivins has set a status conference for December 21, 2012. (Doc. 58)
Pursuant to the provisions of the Fair Labor Standards Act, 29 U.S.C. § 201, et seq.,
when the parties to a private action under the FLSA reach a settlement, the Court must
“scrutiniz[e]” the settlement for fairness” and determine whether the settlement is “a fair and
reasonable resolution of a bona fide dispute over Fair Labor Standards Act provisions.”
Stalnaker v. Novar Corp., 293 F. Supp. 2d 1260, 1263 (M.D. Ala. 2003) (quoting Lynn’s Food
Stores, Inc. v. United States of America, 679 F. 2d 1350, 1353, 1355 (11th Cir. 1982)); see also
Silva v. Miller, 307 Fed. Appx. 349 (11th Cir. 2009). Also, pursuant to 29 U.S.C. § 216(b),
“[t]he court in [an FLSA action] shall ... allow a reasonable attorney's fee to be paid by the
defendant, and costs of the action.”
Accordingly, this action is DISMISSED with prejudice, subject however to this
Court’s jurisdiction to approve the settlement agreement and allow a reasonable attorney’s

fee. The parties are ORDERED to file their motion to approve the settlement agreement and
motion to allow a reasonable attorney’s fees on or before December 28, 2012.
Final judgment as required by Lynn’s Food Stores, Inc. v. United States of America, 679
F. 2d. 1350, 1355 (11th Cir. 1982), shall be entered by separate document.
DONE and ORDERED this the 13th day of December, 2012.

/s/ Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE