Ashworth et al v. WECTEC Contractors, Inc. et al

Filing 45

ORDER denying without prejudice 44 Motion Approve Settlement Agreement; denying without prejudice 44 Motion to Dismiss. Signed by Chief Judge J. Randal Hall on 07/10/2017. (pts)

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IN THE UNITED FOR THE STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA AUGUSTA DIVISION JOSEPH ASHWORTH et al., * Plaintiffs, * * v. * FLOUR ENTERPRISES, et al., CV 116-160 INC, * Defendants. * ORDER On April Enterprises, settlement 3, 2017, Inc. in moved this the case. motion on April 19, release. 43.) (Doc. Plaintiffs Court (Doc. 2017, and for 41.) Defendant Flour approval of Court denied The their that because iti contained a pervasive These parties have now amended their settlement agreement and again ask for the Court's approval. (Doc. 4 4.) Under the new agreement, Each Plaintiff releases and discharges any and all claims they may have under the FLSA, as well as for breach of contract (as alleged in Paragraph 42(b) of the Complaint), Paragraph 42(c) claims which their pay Defendant unjust enrichment (as alleged in of the Complaint), and any other could or or have been brought reimbursements which necessarily while relating employed should have to by been brought as Litigation. (Doc. "an 44-1 at employer part 5.) is But not of as the claims the Court entitled to stated in use arising from the employer' s failing to leverage a Webb CVS v. 6743284, at release *3 from Caremark (M.D. liability Corp., Ga. quotation marks omitted). Dec. No. 23, asserted a in its FLSA the prior claim (a order, matter comply with the FLSA) unconnected to the 5:ll-CV-106(CAR), 2011) to FLSA." 2011 WL (citation and internal Thus, because the parties' settlement agreement releases Plaintiffs' claims of breach of contract and unjust enrichment, DENIED WITHOUT their motion for settlement approval is PREJUDICE. ORDER ENTERED at Augusta, Georgia this /Q day of July, 2017. HALLf CHIEF JUDGE united States district court iquthejrn district of georgia

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