Harris v. Southwest Power Pool Inc et al
ORDER DISMISSING CASE with prejudice. Signed by Judge Kristine G. Baker on 7/6/12. (kpr)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
No. 4:11-cv-00679 KGB
SOUTHWEST POWER POOL, INC.,
STACY DUCKETT, MALINDA SEE,
TOM DUNN and BRIAN SMITH
ORDER OF DISMISSAL
Before the Court is the Joint Motion to Approve Wage & Hour Settlement Agreement and
to Dismiss the Case With Prejudice (Dkt. No. 69). The parties reached a settlement agreement in
this case during a settlement conference with Magistrate Judge Ray and hereby request that this
Court approve the wage and hour settlement that was reached.
Plaintiff Lawanna Harris filed this matter on behalf of herself and all others similarly
situated, asserting among other claims a claim under 29 U.S.C. § 216(b) of the Fair Labor Standards
Act (“FLSA”) (Dkt. No. 10). Ms. Harris’s motion to certify conditionally her FLSA claim as a
collective action was denied with prejudice by this Court (Dkt. No. 31). Therefore, she prepared for
trial and now settles only her individual claims.
The parties submitted the Settlement Agreement and Full Release to the Court in camera,
and the Court has reviewed the terms of the parties’ agreement. This Court determines that Ms.
Harris has settled for the full amount to which she and her former employer agree she is entitled
under the FLSA, including all back wages, an equal amount of liquidated damages, and reasonable
attorneys’ fees and expenses. For these reasons, the Court approves the Settlement Agreement and
Full Release of Ms. Harris’s FLSA claims.
IT IS THEREFORE ORDERED that the complaint and all claims in this action against
defendants are hereby dismissed with prejudice.
The Court retains complete jurisdiction for 30 days to vacate this order and to reopen the
action if it is satisfactorily shown that settlement has not been completed and further litigation is
SO ORDERED this 6th day of July, 2012.
Kristine G. Baker
United States District Judge
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