Jones v. Dolgencorp, Inc. et al

Filing 57

ORDER granting 55 plaintiff Judy Klimesh and defendant Dolgencorps Joint Motion For Order Approving Individual Settlement. Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(2), Klimeshs claims against each defendant in this case are dismisse d with prejudice, with each party to bear its own costs. Signed by Judge Mark W Bennett on 8/31/2011. Associated Cases: 3:10-cv-03020-MWB, 6:10-cv-02034-MWB (copy w/nef to non-ecf filers) (des) Modified on 8/31/2011 to note nef regenerated to correct service (des).

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF IOWA
CENTRAL DIVISION

PEGGY JONES, LaRONDA
BLAKELY, MARSHA CORWIN,
JANET ENGELKEN, ROBIN
HARTKOPP, PAMM JOYNERAZBILL, JUDY KLIMESH, SHIRLEY
LONG, AMBER PLETSCH,
KATHLEEN PRICE, WILLIAM
STEVEN, VERNA SUNNES, and
SAUNDRA WEST,
Plaintiffs,

No. C 10-3020-MWB

vs.
DOLGENCORP, INC., and DOLLAR
GENERAL PARTNERS,
Defendants.
JUDY KLIMESH,
Plaintiff,
vs.

No. C 10-2034-MWB
ORDER APPROVING SETTLEMENT

DOLGENCORP, INC., et al.,
Defendants.
____________________
This matter comes before me pursuant to plaintiff Judy Klimesh and defendant
Dolgencorp’s Joint Motion For Order Approving Individual Settlement, filed August 23,
2011. (docket no. 55.) Per my August 25, 2011, Order (docket no. 56), the parties
submitted their confidential settlement agreement by email on August 25, 2011, for in
camera inspection. I reviewed the parties’ joint motion, agreed stipulation, and settlement

agreement.

I have determined that the proposed settlement is a fair and equitable

resolution to a bona fide dispute between the parties. See Lynn’s Food Stores, Inc. v.
United States, 679 F.2d 1350, 1353-54 (11th Cir. 1982); see also Moore v. Ackerman Inv.
Co., No. C 07-3058-MWB, 2009 WL 2848858, at *2 (N.D. Iowa Sept. 1, 2009) (adopting
the Lynn’s Food Stores standard for evaluating settlements under the Fair Labor Standards
Act).
THEREFORE, the settlement is approved and the parties’ Joint Motion For Order
Approving Individual Settlement (docket no. 55) is granted. Only defendant Dolgencorp
is party to this settlement, as the other defendants, Dolgencorp of New York, Inc.,
Dolgencorp of Texas, Inc., and Dollar General Partners, continue to contest personal
jurisdiction and venue. Nevertheless, both plaintiff Klimesh and defendant Dolgencorp
request a dismissal of all Klimesh’s claims against all defendants. At Klimesh’s request
and pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(2), Klimesh’s claims against
each defendant in this case are dismissed with prejudice, with each party to bear its own
costs.
IT IS SO ORDERED.
DATED this 31st day of August, 2011.

__________________________________
MARK W. BENNETT
U. S. DISTRICT COURT JUDGE
NORTHERN DISTRICT OF IOWA

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