MEYER et al v. PANERA BREAD COMPANY

Filing 52

ORDER ADOPTING REPORT AND RECOMMENDATION and granting 49 unopposed motion for settlement approval. Signed by Judge Emmet G. Sullivan on 3/29/2019. (lcegs2)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
ALAN MEYER and DAVID CORNELIUS,
individually and on behalf of
all others similarly situated,
Plaintiffs,

1:17-cv-2565 (EGS)(GMH)

v.
PANERA, LLC,
Defendant.
ORDER
Plaintiffs Alan Meyer and David Cornelius brought this
putative collective action pursuant to the Fair Labor Standards
Act (“FLSA”), 29 U.S.C. § 201 et seq., and the District of
Columbia Minimum Wage Act (“DCMWA”), D.C. Code § 32-1001 et seq.
On March 30, 2018, the Court referred this case to Magistrate
Judge G. Michael Harvey for full case management, up to but
excluding trial. See Minute Order dated March 30, 2018. The
parties resolved their disputes, and plaintiffs filed an unopposed
motion for settlement approval, service payments, attorney’s fees
and costs. See Pls.’ Mot., ECF No. 49. Magistrate Judge Harvey
issued a Report and Recommendation (“R&R”) on March 6, 2019,
recommending that the parties be ordered to revise and resubmit
their proposed notice of settlement so that the notice accurately
reflects the settlement agreement’s terms regarding allocation of
attorney’s fees and costs. See R&R, ECF No. 50 at 26. The have
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parties filed a revised notice of settlement that comports with
the R&R, and a statement of non-objection to the R&R. See Revised
Notice and Statement of Non-Objection, ECF No. 51. The Court has
carefully reviewed the R&R and, having received no objections to
the R&R pursuant to Local Civil Rule 72.3(b), accepts the findings
and adopts the recommendations of Magistrate Judge Harvey
contained in the R&R.
Accordingly, upon consideration of the R&R, and the revised
notice of settlement, it is hereby
ORDERED that the settlement in this Fair Labor Standards Act
(“FLSA”) action is fair, reasonable, and just. The settlement is
approved, and the terms of the agreement are incorporated herein;
and it is
FURTHER ORDERED that, for settlement purposes only, this case
is certified as a collective action under Section 216(b) of the
FLSA; and it is
FURTHER ORDERED that plaintiffs’ proposed Revised Notice of
Settlement and Consent to Join Form, the plan for their
distribution, and the service payments are approved; and it is
FURTHER ORDERED that plaintiffs’ counsel’s request for
attorneys’ fees and costs and expenses is granted; and it is
FURTHER ORDERED that this action is dismissed without
prejudice, which will become dismissal with prejudice upon
fulfillment of all the settlement’s terms. Defendant will file a
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motion for entry of dismissal with prejudice and termination of
the case upon fulfillment of those terms; and it is
FURTHER ORDERED that this Court shall retain jurisdiction to
enforce the settlement.
SO ORDERED.
Signed:

Emmet G. Sullivan
United States District Judge
March 29, 2019

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