Watson et al v. Surf-Frac Wellhead Equipment Company Inc

Filing 118

ORDER granting 115 Motion for Reconsideration of the Court's October 11, 2013 Order 93 . The Court grants the parties' motion and adds as plaintiffs Bobby Bryant, Jr., Dwayne Ray Swafford, Jeremy Askins, David Clell Light, Kip Guthrie , Justin Jackson, Kanen Skinner, and Michael Schrimsher. The Court orders that the complaint and all claims in this action against defendants are 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 necessary. Signed by Judge Kristine G. Baker on 11/20/13. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
BENNIE WATSON, JASON STILLER, SR.,
JASON STILLER, JR. and
ALVIN “BEAU” BELLAMY, et al.
v.

PLAINTIFFS

Case No. 4:11-cv-00843 KGB

SURF-FRAC WELLHEAD EQUIPMENT
COMPANY, INC.

DEFENDANT

ORDER OF DISMISSAL
Plaintiff Bennie Watson filed this matter on behalf of himself and all others similarly
situated, asserting claims under 29 U.S.C. § 216(b) of the Fair Labor Standards Act (“FLSA”)
(Dkt. No. 2). Before the Court is a joint motion for reconsideration of the Court’s October 11,
2013, Order and joint stipulation and motion to dismiss with prejudice (Dkt. No. 115). The
parties reached a settlement agreement in this case and hereby request that this Court partially
reconsider its Order of October 11, 2013, in order to allow the resolution of claims that were or
could have been brought by the putative opt-in plaintiffs Bobby Bryant, Jr., Dwayne Ray
Swafford, Jeremy Askins, Clell David Light, Kip Guthrie, Justin Jackson, Kanen Skinner, and
Michael Schrimsher. The parties request that this Court approve the settlement and dismiss the
case with prejudice.
In the Court’s October 11, 2013, Order (Dkt. No. 93), the Court denied leave to add the
opt-in plaintiffs to the case and dismissed them from the case without prejudice. In light of the
settlement agreement between the parties and for purposes of implementing the settlement,
plaintiffs and defendant jointly motion the Court to reconsider that dismissal and add as plaintiffs
Bobby Bryant, Jr., Dwayne Ray Swafford, Jeremy Askins, David Clell Light, Kip Guthrie, Justin
Jackson, Kanen Skinner, and Michael Schrimsher so their claims can be dismissed as part of the

settlement. The Court grants the parties’ motion and adds the above-named parties to the case
for the purposes of resolving these claims and finalizing the parties’ negotiated settlement
agreement.
The parties filed the confidential settlement agreement and release in full of all claims
with the Court under seal, and the Court has reviewed the terms of the parties’ agreement. The
Eighth Circuit has not directly addressed the factors to be considered in deciding motions for
approval of FLSA settlements.

Other district courts have scrutinized such settlements for

fairness in two steps. “First, the court should consider whether the compromise is fair and
reasonable to the employee (factors ‘internal’ to the compromise).

If the compromise is

reasonable to the employee the court should inquire whether the compromise otherwise
impermissibly frustrates implementation of the FLSA (factors ‘external’ to the compromise).
The court should approve the compromise only if the compromise is reasonable to the employee
and furthers implementation of the FLSA in the workplace.” Dees v. Hydradry, Inc., 706 F.
Supp. 2d 1227, 1241 (M.D. Fla. 2010).
The record before the Court does not indicate how the settlement figures were calculated.
However, the sealed documents include settlement amounts and representations regarding those
amounts as agreed to by all parties. For these reasons, and based upon the Court’s review of
other information in the pleadings filed and language in the settlement agreement and release, the
Court determines that plaintiffs’ recovery is reasonable to the former employees and furthers the
implementation of the FLSA in the workplace. The Court approves the confidential settlement
agreement and release in full of all 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

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vacate this order and to reopen the action if it is satisfactorily shown that settlement has not been
completed and further litigation is necessary.
SO ORDERED this 20th day of November, 2013.

____________________________________
Kristine G. Baker
United States District Judge

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