Birch et al v. RHD Jr Inc et al

Filing 50

ORDER directing counsel to file a notice or joint motion with the final proposed agreement and all supporting papers by 2/7/2019. Plaintiff's counsel may file their bill under seal or file a redacted version on the public docket. Signed by Judge D. P. Marshall Jr. on 1/25/2019. (jak)

IN THE UNITED ST ATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
PLAINTIFF

DAVID BIRCH
No. 4:17-cv-384-DPM

v.

RHD JR., INC., dfb/a Mayflower RV
Sales & Service; ROBERT H. DUDLEY, JR.;
and MARJORIE DUDLEY

DEFENDANTS

ORDER
The Court stumbled in not directing its usual proposedsettlement drill in the last slice of this FLSA case. The Court must
evaluate the settlement for reasonableness. Lynn's Food Stores, Inc. v.

United States, 679 F.2d 1350, 1353 (11th Cir. 1982); see also Melgar v. OK
Foods, 902 F.3d 775, 779 (8th Cir. 2018). The settlement agreement filed
under seal, NQ 49, also appears to be a draft. Plus, while the parties may
certainly agree on what they may say about the deal, the agreement
must be filed on the public docket. Delock v. Securitas Security Services

USA Inc., No. 4:11-cv-520-DPM, NQ 70 at 3-4. If that step is a deal
breaker, then the parties should notify the Court. In that event, the
motion, NQ 44, the discovery dispute, NQ 45, and the case will be put
back on track for decision.
proposed

agreement

and

Notice, or joint motion with the final
all

supporting

papers,

due

by

7 February 2019. Plaintiff's counsel may file their bill under seal or file
a redacted version on the public docket.

So Ordered.
V'

D.P. Marshall Jr.
United States District Judge

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