UNDERWOOD v. MOULTRIE GEORGIA et al

Filing 29

ORDER directing parties to file joint motion for court review of settlement agreement with attached agreement; vacating 28 Order of Settlement. Clerk is directed to reopen the case. Ordered by U.S. District Judge HUGH LAWSON on 9/5/2014. (nbp)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
VALDOSTA DIVISION

ANDREW UNDERWOOD,
Plaintiff,
Civil Action No. 7:13-CV-13 (HL)

v.
CITY OF MOULTRIE, GEORGIA, AND
MOULTRIE POLICE DEPARTMENT,
Defendants.

ORDER
The Court has been informed that the parties have reached a tentative
settlement of the remaining claims in this case, which are brought pursuant to the
Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 216. The Court is required to
undertake a fairness review of the proposed settlement. See 29 U.S.C. § 216(b);
Lynn’s Food Stores, Inc. v. United States, 679 F.2d 1350, 1353 (11th Cir. 1982).
Therefore, the Court orders that the parties file a joint motion for court review and
approval of the proposed settlement, attach a copy of the settlement agreement,
and supply the following information no later than September 19, 2014:
1. The amount of damages that Plaintiff originally claimed to be entitled to;
2. The number of hours Plaintiff worked for which he alleges he has not
been adequately compensated;

3. Whether the attorney’s fees for Plaintiff’s counsel were negotiated
separately from the settlement of Plaintiff’s claims and without regard
for what the Plaintiff was paid; and
4. An explanation of the attorney’s fees, if any, including a break-down of
the number of hours Plaintiff’s counsel worked on this matter, the tasks
performed, and the hourly rate at which counsel seeks to be paid, see
Patel v. Shree Jalarm, Inc., 2013 WL 5175949, at *4-7 (S.D.Ala. Sept.
13, 2013) (calculating the “lodestar” for attorney’s fees); Bivens v. Wrap
It Up, Inc., 548 F.3d 1348, 1350 (11th Cir. 2008); Johnson v. Ga.
Highway Express, Inc., 488 F.2d 714, 717-19 (5th Cir. 1974). Counsel
should provide the Court with an explanation for why the hourly rate
and the number of hours worked is reasonable.
If the parties believe that a hearing would allow them to better respond to
these issues and facilitate the Court’s fairness review, they are encouraged to
request one. The parties are encouraged to refer to Hogan v. All-State Beverage
Co., Inc., 821 F. Supp. 2d 1274 (M.D. Ala. 2011), for guidance on how to draft
the motion and settlement agreement. This Court’s earlier Order of Settlement
(Doc. 28) is hereby vacated.
SO ORDERED, this the 5th day of September, 2014.
s/ Hugh Lawson_______________
HUGH LAWSON, SENIOR JUDGE

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