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)
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?