LOVE v. PHILLIPS OIL INC

Filing 370

ORDER OF DISMISSAL. The action is DIMISSED from the active docket of the Court. The Clerk is directed to close the file in this case for administrative purposes, and upon the expiration of (60) days without activity, the Clerk is directed to close the case in its entirety for all purposes. Signed by District Judge M CASEY RODGERS on September 22, 2010. (kvg)

-MD LOVE v. PHILLIPS OIL INC

Doc. 370

Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION W ANDA LOVE and KRISTEN ROBINSON, individually, and on behalf of other similarly situated employees, Plaintiffs, v. PHILLIPS OIL, INC., et al., Defendants. / ORDER OF DISMISSAL The court has been informed that the parties have reached a settlement of this matter. (See doc. 367). Therefore, the above-entitled action is DISMISSED from the active docket of the Court. Pursuant to the Fair Labor Standards Act (FLSA), 29 U.S.C. § 216(b), and case law interpreting the Act, such as Brooklyn Savings Bank v. O'Neil, 324 U.S. 697 (1945); D.A. Schulte, Inc. v. Gangi, 328 U.S. 108 (1946); and Lynn's Food Stores, Inc. v. U.S., 679 F.2d 1350, 1353 (11th Cir. 1982), a settlement of a FLSA claim involving litigation must be approved by the court in order to be legally binding. Accordingly, the court reserves jurisdiction for a period of sixty (60) days of the date of this order to consider and approve the parties proposed settlement agreement or, upon motion filed by any party, to vacate this Order of Dismissal and reinstate the case. At this time, the Clerk is directed to close the file in this case for administrative purposes, and upon the expiration of sixty (60) days without activity, the Clerk is directed to close the case in its entirety for all purposes. ORDERED on this 22nd day of September, 2010. CASE NO.: 3:08cv92/MCR/MD

s/

M. Casey Rodgers

M. CASEY RODGERS UNITED STATES DISTRICT JUDGE

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