HEAVNER v. SOUTHWEST GEORGIA OIL COMPANY, INC

Filing 50

ORDER finding as moot 46 Motion for Settlement; granting 49 Amended Motion; dismissing case with prejudice. Ordered by U.S. District Judge HUGH LAWSON on 9/25/2014. (nbp)

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

ANTHONY HEAVNER,
Plaintiff,
v.

Civil Action No. 7:13-CV-145 (HL)

SOUTHWEST
GEORGIA
OIL
COMPANY, INC. d/b/a PIGGLY
WIGGLY,
Defendant.

ORDER
Before the Court is the parties’ Amended Motion for Court Review and
Approval of the Parties’ Settlement Agreement and Dismissal of Case with
Prejudice (Doc. 49). The parties ask the Court to approve the settlement of
Plaintiff’s claims under 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 § 216(b); Lynn’s Food Stores, Inc. v. United States, 679 F.2d 1350, 1353
(11th Cir. 1982). The Court held a hearing on the proposed settlement on
September 17, 2014. Now, having reviewed the settlement agreement and
having discussed it at the hearing with the parties, the Court approves it as a fair
settlement of the reasonable dispute concerning Plaintiff’s FLSA claims. The
motion is granted, and this case is dismissed with prejudice.

The Court will briefly touch on three other motions. Because the amended
motion to approve the settlement has been granted, the earlier Joint Motion for
Court Review and Approval of the Parties’ Settlement Agreement (Doc. 46) is
denied as moot. The Court also confirms that Plaintiff’s Counsel’s Motion (Doc.
39) and Amended Motion to Withdraw (Doc. 41), which were also discussed at
the hearing on September 17, have been granted.

SO ORDERED, this the 25th day of September, 2014.

s/ Hugh Lawson_______________
HUGH LAWSON, SENIOR JUDGE
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