Brown v. American Moving & Storage, LLC et al

Filing 40

ORDER rejecting 34 Motion for Settlement; denying 34 Motion to Dismiss. The parties are permitted to file an amended motion that complies with the instructions in this order. Signed by Judge William T. Moore, Jr on 11/6/18. (jrb)

U/:^D:iT'KiCTCQUal
IN THE UNITED STATES DISTRICT COURT E^'AHNAH DIV.
THE SOUTHERN DISTRICT OF GEORGIA

SAVANNAH DIVISION

2S13'^nV-6 PM

CHARMAYNE BROWN,

30

RERK

SO.DIST. OFGA.

Plaintiff,
CASE NO. CV418-009

V.

AMERICAN MOVING & STORAGE, LLC,
KEVIN ALLEN, and RALPH MCBRIDE,
Defendants.

ORDER

Before the Court is the parties' second

Joint Motion for

Approval of Settlement and Dismissal With Prejudice. (Doc. 34.)
Pursuant to Lynn's Food Stores, Inc. v. United States, 679 F.2d
1350, 1350 (11th Cir. 1982), and 29 U.S.C. § 216(b), the Court

must scrutinize the proposed settlement of Fair Labor Standards
Act ("FLSA") claims for fairness before entering

judgment.

After

careful

consideration,

the

a

Court

stipulated

declines

to

accept the proposed settlement agreement.

On April 4, 2018, the parties attempted to stipulate to the
dismissal of this case after reaching a

negotiated

(Doc.

to

32.)

because

it

The

Court,

involved

however,

refused

allegations

overtime wage provision of the

that

dismiss

Defendants

settlement.
their

violated

case

the

FLSA, 29 U.S.C. § 201 et seg.,

and the parties failed to file the settlement terms. (Doc. 33.)