Dowling et al v. Emadco Disposal Service, Inc. et al

Filing 13

STIPULATION And ORDER To File Settlement Agreement Under Seal, signed by District Judge Lawrence J. O'Neill on 5/17/2011. (Fahrney, E)

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BREN K. THOMAS, Bar No. 156226
MATTHEW E. FARMER, Bar No. 190484
LITTLER MENDELSON
A Professional Corporation
5200 North Palm Avenue, Suite 302
Fresno, California 93704.2225
Telephone:
559.244.7500
Facsimile:
559.244.7525
[e-mail]
[e-mail]

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Attorneys for Defendant
EMADCO DISPOSAL SERVICE, INC.

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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ROBERT DOWLING, an individual,
and MICHAEL SMITH, an
individual, individually, and acting
on behalf of other aggrieved
employees, and for the interests of
the general public,

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STIPULATION AND ORDER TO FILE
SETTLEMENT AGREEMENT UNDER
SEAL

Plaintiffs,

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Case No. 1:11-CV-00139-LJO-SKO

v.
EMADCO DISPOSAL SERVICE,
INC., a California Corporation; and
DOES 1 through 10, inclusive,
Defendant.

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Plaintiffs Robert Dowling and Michael Smith ("Plaintiffs") and Defendant Emadco

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Disposal Service, Inc. ("Defendant") pursuant to Federal Rules of Civil Procedure, Rule 5.2 and U.S.

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Eastern District Local Rules, Rule 141, hereby jointly stipulate that the parties have entered into a

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Confidential Settlement Agreement and request entry of this proposed order to allow filing of the

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Confidential Settlement Agreement under seal. The parties jointly stipulate and agree the following

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facts and matters support the filing of the Confidential Settlement Agreement under seal:

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1.

Plaintiffs initiated this lawsuit against Defendant alleging, inter alia, violations

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of the Fair Labor Standards Act ("FLSA"). Additionally, on behalf of themselves and similarly

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situated employees, Plaintiffs sought various penalties under the California Private Attorneys

LITTLE R MEND ELSO N
A PROF E S SION AL C ORP OR A TION
5200 N orth Palm Avenue
Suite 302
Fresno, CA 93704.2225
559.244.7500

Stipulation and [Proposed] Order to File Settlement
Agreement Under Seal
(No. 1:11-CV-00139-LJO-SKO)

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General Act ("PAGA") in regards to alleged wage and hour violations by Defendant. Defendant

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completely denied any liability and without admitting liability, resolved the claims asserted by

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Plaintiffs in this lawsuit as memorialized in the Confidential Settlement Agreement.

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2.

Pursuant to the FLSA, the Confidential Settlement Agreement must be

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approved by the Court. D.A. Schulte, Inc. v. Gangi, 328 U.S. 108 (1946); Brooklyn Savings Bank v.

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O'Neil, 324 U.S. 697 (1945); Lynn's Food Stores, Inc. v. United States, 679 F.2d 1350, 1352-55

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(11th Cir. 1982); Jarrard v. Southeastern Shipbuilding Corp., 163 F.2d 960, 961 (5th Cir. 1947).

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3.

Additionally, pursuant to the PAGA, the Confidential Settlement Agreement

must be approved by the Court. Cal. Lab. Code, § 2699(l).

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4.

Assuring confidentiality in settlement was a key and material term of the

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parties' Confidential Settlement Agreement. None of the parties would have agreed to this early

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settlement in this case without agreed to protections of confidentiality.

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Individuals have a protectable privacy interest in their financial affairs. Cobb

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v. Superior Court, 99 Cal.App.3d 543, 550 (1979). Corporations, such as Defendant, even enjoy

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privacy rights in regards to financial and employment information as were both at issue in this case.

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Ameri-Medical Corp. v. WCAB, 42 Cal.App.4th 1260, 1286-1289 (1996). Such privacy interests

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readily attach to confidential settlement agreements, like the one submitted to the Court in this case.

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Hinshaw, Winkler, Draa, Marsh & Still v. Superior Court, 51 Cal.App.4th 233, 241 (1996).

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LITTLE R MEND ELSO N
A PROF E S SION AL C ORP OR A TION
5200 N orth Palm Avenue
Suite 302
Fresno, CA 93704.2225
559.244.7500

Stipulation and [Proposed] Order to File Settlement
Agreement Under Seal
(No. 1:11-CV-00139-LJO-SKO

2.

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Given the authority above, the parties had no choice but to file the

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Confidential Settlement Agreement with the Court for approval. The parties stipulate and agree that

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despite that required filing, the confidentiality of the settlement must be maintained.

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IT IS HEREBY STIPULATED AND AGREED.
Dated: May 16, 2011

MORTIMER & SCHWIN

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/s/_____________________________________
Kevin Schwin
Attorneys for Plaintiffs,
Robert Dowling and Michael Smith

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Dated: May 16, 2011

LITTLER MENDELSON

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/s/_____________________________________
Matthew E. Farmer
Attorneys for Defendant
Emadco Disposal Service, Inc.

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LITTLE R MEND ELSO N
A PROF E S SION AL C ORP OR A TION
5200 N orth Palm Avenue
Suite 302
Fresno, CA 93704.2225
559.244.7500

Stipulation and [Proposed] Order to File Settlement
Agreement Under Seal
(No. 1:11-CV-00139-LJO-SKO

3.

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ORDER

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The Court, having read and considered the above stipulation and agreement of the

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parties, hereby finds good cause exists to order the Confidential Settlement Agreement sealed. The

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Court hereby orders the Confidential Settlement Agreement shall be filed under seal with the Court.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill

May 17, 2011

UNITED STATES DISTRICT JUDGE
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DEAC_Signature-END:

66h44d

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LITTLE R MEND ELSO N
A PROF E S SION AL C ORP OR A TION
5200 N orth Palm Avenue
Suite 302
Fresno, CA 93704.2225
559.244.7500

Stipulation and [Proposed] Order to File Settlement
Agreement Under Seal
(No. 1:11-CV-00139-LJO-SKO

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