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)

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

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