Smith et al v. Werner Enterprises, Inc.
Order granting 122 MOTION to Approve Settlement Agreement filed by David Foster & Werner Enterprises. The parties are ordered to submit a proposed stipulated judgment by 8/17/2015. Signed by Chief Judge William H. Steele on 7/27/2015. (tgw)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
CORNELIUS SMITH, et al.,
WERNER ENTERPRISES, INC.,
) CIVIL ACTION 14-0107-WS-B
Plaintiff David Foster and the defendant have filed a joint motion for
approval of settlement agreement. (Doc. 122). “When employees bring a private
action for back wages under the FLSA, and present to the district court a proposed
settlement, the district court may enter a stipulated judgment after scrutinizing the
settlement for fairness.” Lynn’s Food Stores, Inc. v. United States, 679 F.2d 1350,
1353 (11th Cir. 1982). “[T]he rule of Lynn’s Food Stores applies to settlements
between former employees and employers” just as it does to agreements by current
employees. Nall v. Mal-Motels, Inc., 723 F.3d 1304, 1307 (11th Cir. 2013).
The Court is unusually familiar with this case, as it has entered numerous
rulings on the substantive motions presented by the parties, and the Court has no
difficulty in concluding that the settlement is fair and reasonable. The Court also
determines that the releases and confidentiality provisions satisfy the standards
articulated by the Court in Crabtree v. Volkert, Inc., 2013 WL 593500 (S.D. Ala.
For the reasons set forth above, the joint motion for approval of settlement
agreement is granted. The parties are ordered to submit, on or before August 17,
2015, a proposed stipulated judgment in accordance with governing law.1
DONE and ORDERED this 27th day of July, 2015.
s/ WILLIAM H. STEELE
CHIEF UNITED STATES DISTRICT JUDGE
The Court anticipates that the settlement agreements and releases will be
executed, and the settlement checks received by the plaintiffs, well before this deadline.
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