ROSSER v. RTC RESOURCE ACQUISITION CORP. et al

Filing 33

CLOSED JUDGMENT - Approves Parties Confidential Settlement Agreement; cause is DISMISSED with prejudice, provided, however, that the Court will retain jurisdiction for the purpose of enforcing compliance with the terms of the settlement. Signed by Judge Sarah Evans Barker on 1/26/2010.(MAC)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION ROLETA R. ROSSER, and those similarly situated, Plaintiffs, v. SEB-JMS ) ) ) ) ) ) CASE NUMBER: 1:09-cv-0792 SEB-JMS ) RTC RESOURCE ACQUISITION ) CORP., and unknown John and Jane Does, ) ) Defendants. ) [Proposed] FINAL ORDER AND JUDGMENT Having considered the Confidential Settlement Agreement between the Plaintiff and the Defendant, and the entire record in the above-captioned action, and, upon joint motion of the parties through their respective attorneys, the Court hereby finds as follows: 1. Plaintiff alleges claims under Title VII of the Civil Rights Act of 1964, as amended, ("Title VII"), 42 U.S.C. 2000(e) et seq.; the Fair Labor Standards Act ("FLSA"), 29 U.S.C. 201 et seq.; the Equal Pay Act ("EPA"), 29 U.S.C. 206(d)(1); and the Indiana Wage Statute, I.C. 22-2-5-1 et seq. Among other things, Plaintiff specifically contends that she is due allegedly unpaid overtime under the FLSA and unpaid wages under the EPA and the Indiana Wage Statute. 2. Plaintiff's claims raised disputed issues of law and fact, and the parties agree that Plaintiff's claims raise individualized issues of fact and law that are unsuitable for treatment on a class or collective basis. 3. The Parties have now finalized and entered into a Confidential Settlement Agreement with respect to Plaintiff's claims. 5. The Confidential Settlement Agreement has been submitted to this Court for review and approval, and, as such, is a "supervised" settlement under the FLSA. See, e.g., Lynn's Food Stores, Inc. v. United States Dep't of Labor, 679 F.2d 1350, 1353 (11th Cir. 1982). 6. Upon review, the Court finds that the Parties' Confidential Settlement Agreement is a fair and reasonable resolution of a bona fide dispute under the FLSA. Therefore, it is hereby, ORDERED, ADJUDGED, AND DECREED that: 1. The Court hereby approves the terms of the Confidential Settlement Agreement as fair, reasonable, appropriate, and in accordance with law; and 2. Consistent with such Confidential Settlement Agreement, this action is hereby dismissed with prejudice; provided, however, that the Court will retain jurisdiction for the purpose of enforcing compliance with the terms of the settlement. Dated: 01/26/2010 ,2010 Judge _______________________________ United States District Court SARAH EVANS BARKER, JUDGE United States District Court Southern District of Indiana Distribution List Charles B. Baldwin charles.baldwin@odnss.com Christopher Kenneth Starkey starkeyck@msn.com Christopher C. Murray christopher.murray@ogletreedeakins.com 8126277.1 (OGLETREE)

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