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).

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