Clark v. Chicago Bridge & Iron Company et al

Filing 48

ORDER granting parties' 47 Motion Approve Revised Settlement Agreement and approving their settlement; granting 47 Motion to Dismiss. The Clerk therefore is instructed to terminate Fluor Enterprises, Inc. This case is stayed pending the resolution of Defendant WECTEC Contractors, Inc.'s bankruptcy proceedings. Signed by Chief Judge J. Randal Hall on 07/10/2017. (thb) Modified on 7/10/2017 (thb).

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IN THE FOR THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA AUGUSTA DIVISION * JIMMY CLARK, * Plaintiff, * v. * WECTEC CONTRACTORS, CV 116-083 * INC. * et al., * * Defendants. * ORDER On April 3, 2017, Plaintiff and Defendant Flour Enterprises, Inc. moved for approval of their settlement in this case. (Doc. 44.) The Court denied that motion on May 16, 2017, because it contained a pervasive release. (Doc. 46.) These parties have amended their settlement agreement and now ask the Court again to approve their settlement. (Doc. 47.) Under the revised agreement, Plaintiff releases and discharges any and all claims he may have under the FLSA, as well as any other claims which could have been brought relating to his pay or reimbursements while employed by Defendant or which necessarily should have been brought as part of the claims asserted in the Litigation. (Doc. 47-1 at 10.) this Court has Because this release resembles provisions previously approved, the Court GRANTS the parties' motion and APPROVES their settlement. The Court also GRANTS their request to dismiss Plaintiff's claims against Flour WITH PREJUDICE. Flour the Enterprises, Court ORDERS The Clerk Inc. this as therefore a party case Defendant WECTEC Contractors, STAYED is instruct in this pending case. the to TERMINATE Furthermore, resolution of Inc.'s bankruptcy proceedings. ORDER ENTERED at Augusta, Georgia this /0^ day of July, 2017. J. taANflJAL BALI/ CHIEF JUDGE UNITED/ STATES DISTRICT COURT SOUTiiERN DISTRICT OF GEORGIA

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