Guinn v. French et al

Filing 20

ORDER directing the parties to submit the appropriate filings to permit this Court to evaluate the settlement. The Court directs that these filings be made under seal. The Court must approve the settlement before entering an order of dismissal. Signed by Judge Kristine G. Baker on 10/06/2014. (rhm)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
JESSICA GUINN et al.
v.

PLAINTIFFS
Case No. 4:13-cv-00559-KGB

JOEL FRENCH and GARY
FRENCH, each individually and
d/b/a DJ TRUCKING

DEFENDANTS

ORDER
Before the Court is plaintiffs’ unopposed motion to dismiss with prejudice (Dkt. No. 19).
Plaintiffs brought this action asserting a claim under 29 U.S.C. § 216(b) of the Fair Labor
Standards Act (“FLSA”). “The FLSA bars private settlements of disputes about unpaid wages.”
Brown v. L & P Indus., LLC, 2005 WL 3503637, *8 (E.D. Ark. Dec. 21, 2005). Rather, the Court
is required to approve any FLSA wage and hour settlement after scrutinizing it for fairness. Id.
(citing Lynn’s Food Stores, Inc. v. United States, 679 F.2d 1350, 1352–53 (11th Cir. 1982)).
Therefore, the Court directs the parties to submit the appropriate filings to permit this Court to
evaluate the settlement. The Court directs that these filings be made under seal. The Court must
approve the settlement before entering an order of dismissal.
IT IS SO ORDERED this 6th day of October, 2014.

________________________________
KRISTINE G. BAKER
UNITED STATES DISTRICT JUDGE