King v. Byrd

Filing 20

ORDER granting 18 motion to approve settlement and dismissing this action. Signed by Judge Kristine G. Baker on 8/22/2019. (jbh)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
KARA KING
v.

PLAINTIFF
Case No. 2:18-cv-00030 KGB

NEAL BYRD, individually and in his
official capacity as Sheriff of Phillips
County, Arkansas

DEFENDANT
ORDER

Plaintiff Kara King brings this complaint against defendant Neal Byrd, individually and in
his official capacity as Sheriff of Phillips County, Arkansas, alleging failure to pay overtime wages
in violation of the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 201 et seq., and the Arkansas
Minimum Wage Act (“AMWA”), Ark. Code Ann. § 11-4-201, et seq.; a violation of the AWPA;
illegal exaction; and denial of constitutional rights under the First and Fourteenth Amendments to
the United States Constitution and Article II Section 22 of the Arkansas Constitution, as permitted
by the Arkansas Civil Rights Act of 1993, Ark. Code Ann. § 16-123-101 (“ACRA”), and 42 U.S.C.
§ 1983 (Dkt. No. 16, at 1). Ms. King also asserts claims for termination and gender discrimination
under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e (“Title VII”).
Before the Court is Ms. King’s motion to approve settlement (Dkt. No. 18). Ms. King
represents that this case has been settled for $25,000.00, pending approval from the Court in
accordance with Melgar v. OK Foods, 902 F.3d 775, 779 (8th Cir. 2018) (Id.). Ms. King represents
that counsel devoted 50 hours of time to this matter, and costs are at least $3,000.00, but counsel
only seeks a fee of $12,000.00 (Id.). Mr. Byrd responded to the motion (Dkt. No. 19). Mr. Byrd
agrees that this case has been settled for $25,000.00, pending approval from the Court (Id.). Mr.
Byrd represents that the settlement amount of $25,000.00 was a total and complete settlement of

all of Ms. King’s claims, including attorney fees and costs (Id.). Through informal communication
with the Court, counsel for Ms. King agrees.
The Court determines that the settlement agreement both provides Ms. King a reasonable
recovery and furthers the implementation of the FLSA in the workplace. The Court therefore
grants the motion to approve settlement (Dkt. No. 18). This action is dismissed.
It is so ordered this 22nd day of August, 2019.
____________________________________
Kristine G. Baker
United States District Judge

2