Deane v. Fastenal Company

Filing 146

ORDER GRANTING RENEWED MOTION FOR APPROVAL OF SETTLEMENT AND JUDGMENT OF DISMISSAL WITH PREJUDICE by Hon. Yvonne Gonzalez Rogers granting 144 Motion.(nahS, COURT STAFF) (Filed on 1/2/2014)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT
7

NORTHERN DISTRICT OF CALIFORNIA
8
9
10

United States District Court
Northern District of California

11

KRISTOPHER DEANE, MICHAEL ROMANO, AND
LISA JOHNSON,
Plaintiffs,

12

Case No.: 11-CV-0042 YGR
ORDER GRANTING RENEWED MOTION FOR
APPROVAL OF SETTLEMENT AND
JUDGMENT OF DISMISSAL WITH PREJUDICE

vs.
13
14

FASTENAL COMPANY,
Defendant.

15
16

Plaintiffs Kristopher Deane, Michael Romano, and Lisa Johnson (“Plaintiffs”) and defendant

17

Fastenal Company (“Defendant” or “Fastenal”) have filed a Renewed Motion for Settlement

18

Approval and Judgment approving the parties’ settlement of Plaintiffs’ federal under the Fair Labor

19

Standards Act (“FLSA”) and California Labor Code claims. (Dkt. No. 144.)

20
21
22

Having carefully considered the papers submitted and the pleadings in this action, and for the
reasons set forth below, the Court hereby GRANTS the Motion.1
Based upon the evidence submitted, including the parties’ settlement agreement and

23

explanations of how that settlement was reached, the Court finds that the settlement is a fair,

24

adequate, and reasonable compromise of a bona fide dispute of the Plaintiffs’ FLSA and Labor Code

25

claims. See Lynn's Food Stores, Inc. v. United States, U.S. Dep't of Labor, 679 F.2d 350, 1354-55

26
27
28

1

Pursuant to Federal Rule of Civil Procedure 78(b) and Civil Local Rule 7-1(b), the Court
finds this motion appropriate for decision without oral argument. Accordingly, the Court VACATES
the hearing set for January 7, 2014.

1

(11th Cir. 1982); McKeen-Chaplin v. Franklin Am. Mortgage Co., C 10-5243 SBA, 2012 WL

2

6629608 at *2 n.3 (N.D. Cal. Dec. 19, 2012) (collecting cases).

3

Accordingly, the motion is GRANTED.

4

Under Rules 54 and 58 of the Federal Rules of Civil Procedure, JUDGMENT IS HEREBY

5

ENTERED in accordance with the terms of the parties’ settlement agreement. This action is

6

Dismissed in its entirety with prejudice and Plaintiffs are barred and enjoined from asserting any

7

claims released by the settlement in any court or other forum.

8

This terminates Docket No. 144.

9

IT IS SO ORDERED.

10

United States District Court
Northern District of California

11
12

January 2, 2014
____________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2