Thomas et al v. Viskase Companies Inc

Filing 107

ORDER: The Court appreciates the parties' joint response, 104 . The Clerk is directed to unseal the proposed agreement, 106 , consistent with this Court's standard practice in wage cases. The joint motion 101 is granted. The proposed se ttlement is fair, reasonable, and adequate. The Court directs the parties to administer their settlement as contemplated in their agreement. Any motion for costs and attorney's fees due by 2/7/2022. The Court will enter Judgment dismissing the complaint with prejudice and retain jurisdiction for a time to enforce the settlement and resolve fee issues. Signed by Chief Judge D. P. Marshall Jr. on 1/10/2022. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION
JAMIE THOMAS and ARGUSTER WILLIAMS,
Both Individually and on Behalf of All Others
Similarly Situated; and SEAN GARNETT

v.

PLAINTIFFS

No. 3:19-cv-330-DPM

VISKASE COMPANIES, INC.

DEFENDANT

ORDER

1. The Court appreciates the parties' joint response, Doc. 104.

The Court understands the parties' preference for confidentiality but
directs the Clerk to unseal the proposed agreement, Doc.106, consistent
with this Court's standard practice in wage cases.
2. The joint motion, Doc. 101, is granted.

The proposed

settlement is fair, reasonable, and adequate. Lynn's Food Stores, Inc. v.
United States, 679 F.2d 1350, 1353 (11th Cir. 1982); see also Barbee v. Big
River Steel, LLC, 927 F.3d 1024, 1027 (8th Cir. 2019); Melgar v. OK Foods,

902 F.3d 775, 779 (8th Cir. 2018). It reflects a good-faith compromise of
contested overtime issues.

And the parties are negotiating the

attorney's fees and costs separately.
3. The Court certified, without conditions, a collective action.

Doc. 73. The group contains: All hourly-paid workers at the Osceola

plant employed after 15 November 2016. The group members are listed

in Exhibit A to the Settlement Agreement.

Doc. 101-1. Individual

named-plaintiff Sean Garnett has also settled. The Court directs the
parties to administer their settlement as contemplated in their
agreement.
4.

Any motion for costs and attorney's fees due by

7 February 2022.

The Court will enter Judgment dismissing the

complaint with prejudice and retain jurisdiction for a time to enforce
the settlement and resolve fee issues.
So Ordered.

D .P. Marshall Jr.
United States District Judge

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