Morgan v. Florida Rock & Tank Lines, Inc.,

Filing 9

ORDER. The Joint Motion for Dismissal with Prejudice 8 is GRANTED. This case is DISMISSED with prejudice. The Clerk shall enter judgment accordingly, terminate any previously scheduled deadlines and pending motions, and close the case. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 2/7/2008. (WBR)

Morgan v. Florida Rock & Tank Lines, Inc.,

Doc. 9

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION KENNETH D. MORGAN, on his own behalf and on behalf of those similarly situated, Plaintiff, v. FLORIDA ROCK & TANK LINES, INC., Defendant. _____________________________________/ ORDER This cause comes before the Court pursuant to the Joint Motion for Dismissal with Prejudice (Doc. # 8), filed by the parties on January 17, 2008. The parties request an order dismissing this The plaintiff Case No. 3:07-cv-1082-J-33MCR

Fair Labor Standards Act action with prejudice.

acknowledges payment in full for all of his claims, including his claim for overtime pay, liquidated damages, and attorney's fees and costs. Under Lynn's Food Stores, Inc. v. Dep't of Labor, private settlements of FLSA cases are improper. 679 F.2d 1350, 1352­53

(11th Cir. 1982). Instead, a district court may enter a stipulated judgment on the agreement of the parties. Id. at 1353. Before

entering a stipulated judgment on such an agreement, a district court must "scrutiniz[e] the settlement for fairness." Id.

However, "[w]here a plaintiff is offered full compensation on his 1

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FLSA claim, no compromise is involved and judicial approval is not required." Dail v. George A. Arab, Inc., 391 F. Supp. 2d 1142,

1145 (M.D. Fla. 2005) (citing Mackenzie v. Kindred Hosps., 276 F. Supp. 2d 1211, 1217 (M.D. Fla. 2003)). In this case, the plaintiff's claims for unpaid overtime and liquidated damages have been resolved without compromise. For that reason, judicial approval of the parties' settlement is not

required, and this action may be dismissed pursuant to the parties' joint motion. Accordingly, it is ORDERED, ADJUDGED, and DECREED: 1. The Joint Motion for Dismissal with Prejudice (Doc. # 8)

is hereby GRANTED. 2. 3. This case is hereby DISMISSED with prejudice. The Clerk shall enter judgment accordingly, terminate any

previously scheduled deadlines and pending motions, and close the case. DONE and ORDERED in Chambers in Jacksonville, Florida, this 7th day of February 2008.

Copies: All counsel of record

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