Martinez-Garcia et al v. Perez, et al.

Filing 52

ORDER directing that briefs be filed within 30 days. Signed by Judge B. Avant Edenfield on 4/14/14. (bcw)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
STATESBORO DIVISION
CIRILO MARTINEZ-GARCIA, et al.,
and all others similarly situated
Plaintiffs,
V.

6:13-cv-15

MARIA PEREZ and DAHLIA
GUERRERO,
Defendants.

This case arose when Plaintiffs, migrant
agricultural workers from Mexico, alleged
that Defendants underpaid them for services
they rendered in Tattnall County in 2011
and 2012, ECF No. I at 1. After
negotiations, Plaintiffs entered a settlement
agreement with one of the defendants, Maria
Perez. ECF Nos. 39; 39-1. That agreement
contained, among other things, a
requirement that Perez pay the Plaintiffs
$46,688.69. ECF No. 39-1 at 2. It also
asked this Court to retain jurisdiction over
the case until 2015 to ensure that Perez
complied with the agreement's terms. Id. at
1.
This Court approved the settlement, sans
one sentence—the provision retaining
jurisdiction. ECF No. 41 at 2. Because
garden-variety contract law would vindicate
Plaintiffs' rights in the event of Perez's
breach, this Court saw it unnecessary to
continue its exercise of authority.
Id.
Accordingly, the Court approved the
settlement agreement, dismissed the
Plaintiffs' claims against Perez with

prejudice, and divested itself of jurisdiction.
Id.
About three months later, Plaintiffs
requested an order instructing the Clerk's
office to enter judgment against Maria
Perez, pursuant to the prior consent order.
ECF No. 51. Essentially, they seek the
Court's continuing involvement in a dispute
that no longer hinges on the Fair Labor
Standards Act and instead requires a referee
for a hornbook contract claim. This
involvement is exactly what the Court
sought to avoid in its earlier order.
Therefore, the Court requests briefing as
to whether it is still proper to order the Clerk
to enter judgment in this matter. Responsive
briefs should be filed within thirty days.

This/Iay of April 2014.

B. AVANfEIJlNFlELI
UNITED STATES DIST
SOUTHERN DISTRICT

CT COURT
F GEORGIA