MCANULLA v. ALLAN SPEAR CONSTRUCTION LLC

Filing 13

ORDER VACATING 11 Order Dismissing Case; GRANTING 12 Joint MOTION for Settlement and release agreement. Parties' settlement and release agreement is APPROVED. Plaintiff's 1 Complaint is DISMISSED w/prejudice and this case is closed. Each party shall bear their own fees and costs except as provided in the settlement and agreement. Signed by SENIOR JUDGE MAURICE M PAUL on 4/20/2011. (jws)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION
STEPHEN J MAHER, WILLIAM MCANULLA,
Plaintiffs,
v.

CASE NO. 1:10-cv-00255-MP -GRJ

ALLAN SPEAR CONSTRUCTION LLC,
Defendant.
_____________________________/
ORDER
This matter is before the Court on Doc. 12, joint motion to approve settlement and release
agreement. Claims for wages arising under the Fair Labor Standard Act may be settled or
compromised only with the approval of the Court or Secretary of Labor. See Lynn's Food
Stores, Inc v. United States, 679 F. 2d 1350 (11 Cir. 1982). As such, the parties move the Court
to approve the settlement and release agreement. The Court finds the parties' settlement to be
fair and reasonable in light of a bona fide dispute. Accordingly, it is hereby
ORDERED AND ADJUDGED:
1.

The Court’s order dismissing the case, Doc. 11, is VACATED.

2.

The joint motion to approve settlement and release agreement, Doc. 12, is
GRANTED.

3.

The parties’ settlement and release agreement, Doc. 12, is APPROVED.

4.

The plaintiffs’ complaint, Doc. 1, is DISMISSED with prejudice and this case is
closed. Each party shall bear their own fees and costs except as provided in the
settlement and release agreement.

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5.

The Court will retain jurisdiction for sixty (60) days to ensure the settlement is
effected.

DONE AND ORDERED this

20th day of April, 2011

s/Maurice M. Paul
Maurice M. Paul, Senior District Judge

Case No: 1:10-cv-00255-MP -GRJ