Zeznanski v. First Step, Inc.
ORDER OF DISMISSAL WITH PREJUDICE as set forth. Signed by Honorable Susan O. Hickey on October 5, 2017. (hnc)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HOT SPRINGS DIVISION
STEPHANIE ZEZNANSKI, individually
and on Behalf of All Others Similarly Situated
CASE NO. 6:17-CV-6023
FIRST STEP, INC.
Before the Court is a Joint Stipulation of Dismissal. ECF No. 24. The parties state that
they have reached an agreement 1 that resolves all claims and move the Court to dismiss this action
with prejudice with each party to bear its own attorney’s fees and costs. After considering the
parties’ Joint Stipulation of Dismissal, the Court finds that this matter should be and hereby is
DISMISSED WITH PREJUDICE. The Court shall retain jurisdiction for the purpose of
enforcing the settlement agreement.
IT IS SO ORDERED, this 5th day of October, 2017.
/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge
Several courts have held that settlement agreements resolving wage claims are subject to court approval to ensure
that the parties are not negotiating around statutory minimum wages. See, e.g., Int’l Union, United Auto., Aerospace,
and Agric. Implement Workers of Am. v. Gen. Motors Corp., 497 F.3d 615, 631 (6th Cir. 2007); Lynn’s Food Stores,
Inc. v. U.S., 679 F.2d 1350, 1353 (11th Cir. 1982); Cruthis v. Vision’s, No. 4:12-CV-00244, 2014 WL 4092325 (E.D.
Ark. Aug. 19, 2014). Other courts have held that court approval of a settlement is not necessary in cases where the
lawsuit is not a collective action, all plaintiffs have been represented by counsel throughout the entirety of the case,
and the parties wish for their agreement to remain private. Schneider v. Habitat for Humanity Int’l, Inc., No. 5:14CV-5230, 2015 WL 500835, at *3 (W.D. Ark. Feb. 5, 2015). It appears to the Court that the settlement agreement in
this case is of the type that does not require court approval. That being said, in the past, parties have nonetheless
submitted wage and hour settlement agreements for review while arguing that judicial approval was not necessary.
The parties have not submitted their settlement agreement in this case and so the Court has not reviewed the present
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