Baggett v. H & H Liquid Sludge Disposal, Inc. et al

Filing 31

ORDER re: 29 Notice of Voluntary Dismissal and 30 Joint Stipulation for Dismissal; dismissing without prejudice claims against defendants Ex-Trucking, LLC and Alexander C. Brooks; directing remaining parties to file papers by 3/4/2009 as set forth in Order; vacating deadlines and settings in 24 Scheduling Order; terminating 22 Motion for Default Judgment; file to remain open. Signed by Judge Timothy J. Corrigan on 2/9/2009. (JAL)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION GLENN BAGGETT, Plaintiff, vs. H & H LIQUID SLUDGE DISPOSAL, INC., a Florida corporation, RICK HACHT, individually, EX-TRUCKING, LLC and ALEXANDER C. BROOKS, individually, Defendants, ORDER1 Before the Court are Plaintiff's Notice Of Voluntary Dismissal Without Prejudice As To Defendants Ex-Trucking, LLC And Alexander C. Brooks Individually (Doc. 29) and Joint Stipulation For Dismissal With Prejudice As To Defendants H & H Liquid Sludge Disposal, Inc., A Florida Corporation, And Rick Hacht, Individually. (Doc. 30.) It is hereby ORDERED: 1. Plaintiff's claims against defendants Ex-Trucking, LLC and Alexander C. Case No. 3:08-cv-358-J-32JRK Brooks individually are DISMISSED WITHOUT PREJUDICE. 2. Inasmuch as this case is brought for unpaid overtime compensation and declaratory relief under the Fair Labor Standards Act, as amended. 29 U.S.C. 216(b), in which plaintiff seeks unpaid wages, overtime compensation, liquidated damages, and Under the E-Government Act of 2002, this is a written opinion and therefore is available electronically. However, it has been entered only to decide the matters addressed herein and is not intended for official publication or to serve as precedent. 1 reasonable attorneys' fees and costs, (Doc. 12), the Court must make a finding that any settlement of the case represents "a fair and reasonable resolution of a bona fide dispute over the Act's provisions" after "scrutinizing the settlement for fairness." Lynn's Food Stores, Inc. v. Dep't of Labor, 679 F.2d 1350, 1353, 1355 (11th Cir. 1982). See also, Silva v. Miller, No. 08-12011, 2009 WL 73164 (11th Cir. Jan. 13, 2009). It is unclear whether the parties' Joint Stipulation For Dismissal With Prejudice (Doc. 30) is premised upon a settlement which must be reviewed and approved as "fair and reasonable" by the Court. The parties shall file no later than March 4, 2009, a joint motion for approval of settlement, setting forth the terms of the settlement between them such that the Court may consider whether the settlement "is a fair and reasonable resolution" of the dispute. If the Joint Stipulation is not premised upon a settlement, the parties shall file by March 4, 2009 a notice to the Court so indicating. 3. The deadlines, hearing and trial dates set forth in the Court's Case Management and Scheduling Order (Doc. 24) are VACATED, and all pending motions (Doc. 22) are TERMINATED as moot. DONE AND ORDERED at Jacksonville, Florida this 9th day of February, 2009. jl. Copies to: Counsel of Record 2

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