Foy v. American Legion

Filing 17

JUDGMENT - Settlement was made between the parties and all claims are dismissed with prejudice as set out herein. Signed by Magistrate Judge William E. Cassady on 11/22/2016. (srd)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
MICHELLE FOY,

:

Plaintiff,

:

vs.

:

AMERICAN LEGION, POST 44, INC.,

CA 16-0474-C

:

Defendant.
JUDGMENT
With respect to plaintiff Michelle Foy, JUDGMENT IS HEREBY ENTERED AS
FOLLOWS:
1.

Defendant, American Legion, Post 44, Inc. (“American Legion”), shall pay

to the settling plaintiff, Michelle Foy, the sum of $1,750.00, which consists of a
compromise of the unpaid overtime (723.25 hours) Foy claims she worked during her
employment with the defendant from July 2, 2014 through May 31, 2015.1
2.

Defendant also shall pay reasonable costs and attorney’s fees totaling

$2,000.002 to Daniel A. Hannan, Esquire, attorney for plaintiff.
3.

This Judgment has been reached as a compromise of disputed claims and

is not to be deemed an admission of fault or liability by American Legion.

1

It is clear, based upon a review of the motion and attached settlement agreement,
that the settlement amount does not include an equal amount in liquidated damages inasmuch
as the parties have recognized that “[t]he $1,750 to be paid to Foy is subject to payroll
deductions for state and federal withholding taxes and for Foy’s employee FICA contribution.”
(Doc. 15, Exhibit 1, at 1; see also id. (“American Legion will make the required employer FICA
contribution on the amount paid to Foy.”).)
2

This total constitutes $400.00 in costs and reasonable attorney’s fees of $1,600.00.

4.

This Judgment provides a total resolution and complete satisfaction of any

and all overtime pay claims and allegations by the settling plaintiff against the
defendant (and any individual officer, agent, or employee of American Legion) that are
or could have been asserted in this action. In addition, the terms of the settlement
recognized herein represent a fair and reasonable resolution of this bona fide FLSA
dispute.
5.

This Judgment shall act to dismiss all claims of the plaintiff against the

defendant with prejudice.
6.

In light of the foregoing, it is ORDERED that this action be DISMISSED

from the active docket of the Court, with prejudice, provided that any party may
reinstate this action within thirty (30) days after the date of the entry of this Judgment—
and the concurrent Order entered today’s date—if the settlement is not consummated in
the interim.
7.

Provided no party reinstates this action, final judgment, as prescribed by

Rule 58 of the Federal Rules of Civil Procedure, shall be deemed as entered on
December 22, 2016.
DONE this the 22nd day of November, 2016.
s/WILLIAM E. CASSADY
UNITED STATES MAGISTRATE JUDGE

2