Spradlin v. Kasco Corporation

Filing 30

ORDER FOR APPROVAL OF SETTLEMENT signed by District Judge Troy L. Nunley on 4/10/2014 ORDERING The Court, thus having approved of the settlement of the claims in this matter, hereby DISMISSES with Prejudice all of the individual claims which were bro ught on behalf of Plaintiffs Gary Allen, David Samuelson and Anthony Spradlin, including Plaintiffs' individual PAGA claims. This Court further APPROVES the release by Plaintiffs of any claims and potential claims as set forth in the Settlement Agreement, including, but not limited to, any claims against Defendant for wages under the FLSA. CASE CLOSED (Reader, L)

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Rory C. Quintana (SBN 258747)
Hallie B. Albert (SBN 258737)
QUINTANA ALBERT LLP
201 Spear Street, Suite 1100
San Francisco, CA 94105
Telephone: [phone]
Fax: [phone]
[e-mail]

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Attorney for Plaintiffs
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ANTHONY SPRADLIN, an individual,
GARY ALLEN, an individual, and DAVID
SAMUELSON, an individual

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ORDER FOR APPROVAL OF
SETTLEMENT AND REQUEST FOR
DISMISSAL WITH PREJUDICE OF ALL
CLAIMS.

Plaintiffs,

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CASE NO.: 2:13-cv-02260-TLN-AC

v.
KASCO CORPORATION a Delaware
corporation; and DOES 1 through 10,
inclusive,
Defendants.

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ORDER
Pending before the Court is the parties joint motion for approval of settlement and

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request for dismissal with prejudice of all claims. Good cause appearing, the Court GRANTS

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the motion.

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The proposed settlement before the Court includes, among other things, a release of any

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and all claims that Plaintiffs have (or had) against Defendant for wages under the Fair Labor

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Standards Act (“FLSA”) §§210, et seq. Claims of this nature can only be settled under the

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authority of either the Secretary of Labor or the District Court. Lynn’s Food Stores, Inc. v.

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United States, 679 F.2d 1350, 1353 (11th Cir. 1982). In order to approve the settlement, the

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Court must “determine whether the settlement is a fair and reasonable resolution of a bona fide

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dispute/.” Yue Zhou v. Wang’s Rest., 2007 WL 172308 1 (N.D. Cal. Aug.8, 2007) (citing Lynn’s
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Case No. 2:13-cv-02260-TLN-AC

ORDER TO APPROVE SETTLEMENT AND
DISMISSAL OF CLAIMS

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Food Stores, Inc., 679 F.2d at 1354.
After a review of the Settlement and General Release Agreements filed by the parties, the
Court determines that the terms of the settlement of this litigation are fair and reflect a reasonable
compromise of Plaintiffs’ claims, including the amount contemplated to be paid to Plaintiffs for
resolution of their claims. The Court, moreover, has determined that the agreement is not the
product of fraud or overreaching by, or collusion between, the negotiating parties, and that the
settlement, taken as a whole, is fair, reasonable and adequate to all concerned. See, e.g. Officers
for Justices v. Civil Service Commission, 688 F.2d 615, 625 (9th Cir. 1982).
The Court, thus having approved of the settlement of the claims in this matter, hereby
DISMISSES WITH PREJUDICE all of the individual claims which were brought on behalf of
Plaintiffs Gary Allen, David Samuelson and Anthony Spradlin, including Plaintiffs’ individual
PAGA claims. This Court further approves the release by Plaintiffs of any claims and potential
claims as set forth in the Settlement Agreement, including, but not limited to, any claims against
Defendant for wages under the FLSA.
Neither this Order, nor any other documents or information relating to the settlement of
this action shall constitute, be construed to be, or be admissible in any proceeding as evidence:
(a) that any group of similarly situated or other employees exists to maintain a collective action
under the FLSA, or a class action under Rule 23 of the Federal Rules of Civil Procedure, or
comparable state laws or rules, including but not limited to California Code of Civil Procedure
§382, and California Labor Code § 2699 et seq (PAGA); (b) of an adjudication of the merits of
this case or that any party has prevailed in this case; or (c) that the Defendants or others have
engaged in any wrongdoing.
IT IS SO ORDERED.
Dated: April 10, 2014

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Troy L. Nunley
United States District Judge

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Case No. 2:13-cv-02260-TLN-AC

ORDER TO APPROVE SETTLEMENT AND
DISMISSAL OF CLAIMS