Smith et al v. Werner Enterprises, Inc.

Filing 127

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)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION CORNELIUS SMITH, et al., Plaintiffs, v. WERNER ENTERPRISES, INC., Defendant. ) ) ) ) ) CIVIL ACTION 14-0107-WS-B ) ) ) ) ORDER 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. 2013). 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 1 The Court anticipates that the settlement agreements and releases will be executed, and the settlement checks received by the plaintiffs, well before this deadline. 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?