Holloway v. Stant USA Corp et al

Filing 13

ORDER granting 12 Motion to reconsider. The complaint will be dismissed with prejudice. Signed by Judge D. P. Marshall Jr. on 9/12/2017. (jak)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION NORA HOLLOWAY v. PLAINTIFF No. 5:17-cv-16-DPM STANT USA CORP., and PATRICK FENTON DEFENDANTS ORDER The circumstances are unique. Holloway made many claims against Stant, among them a FLSA retaliatory-firing claim. In discovery, Holloway acknowledged that she had no solid evidence supporting this claim, and thus abandoned it. NQ 12-1at2-3. She made no claim for overtime or unpaid wages under either federal or state law. Now Holloway and Stant propose to settle the case. Must the Court evaluate the deal, as it would in the usual FLSA case involving wage and overtime claims? No. In this unusual weave of circumstances, the Court doesn't have to be involved. Holloway's FLSA claim, which seems to have been no more than zealous pleading that covered all potential claims, dropped out of the case approximately three months ago. The complaint will be dismissed with prejudice. Motion to reconsider, NQ 12, granted. So Ordered. D.P. Marshall Jr. United States District Judge -2-

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