Parker v. Encore Rehabilitation, Inc.
Order re: 5 MOTION to Dismiss/Approve Settlement filed by Beverly Parker. ( Deadline set for 12/3/2012 for parties to supplement, attaching settlement agreement and setting forth facts of the case as set out.) Signed by Judge Kristi K. DuBose on 11/26/2012. (cmj)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
ENCORE REHABILITATION, INC.,
CIVIL ACTION NO.: 12-00539-KD-B
This matter is before the Court on “Parties’ Joint Motion to Approve Settlement and
Stipulation of Dismissal” (Doc. 5).
This is Fair Labor Standards Act (“FLSA”) case and the Court must determine whether
the settlement is a “fair and reasonable resolution of a bona fide dispute” of the claims raised
pursuant to the FLSA in order to approve the settlement. While the parties stipulate as such, they
have not submitted a copy of the settlement agreement which is necessary for such approval.
See, e.g., Silva v. Miller, 307 Fed. Appx. 349 (11th Cir. 2009); Lynn's Food Store, Inc. v. United
States, 679 F.2d 1350, 1354-1355 (11th Cir. 1982).
Accordingly, the parties are ORDERED to jointly file a Supplement, on or before
December 3, 2012, attaching the relevant settlement agreement, and setting forth the facts of this
case which establish that the settlement is a reasonable and fair resolution of a bona fide dispute.1
DONE and ORDERED this the 26th day of November 2012.
/s/ Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE
See, e.g., Robert L. Dunagan v. ABBC, Inc., CV 11-280-KD-C (Docs. 22, 28); Jimmy Salter v.
Carlous L. King, et al., CV 11-464-KD-M (Docs. 10, 11).
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