Pegues v. CareCentrix, Inc.

Filing 37

MEMORANDUM AND ORDER granting the parties' 33 Joint Motion to File Settlement Agreement Under Seal, and the parties' 34 Joint Motion to Approve Settlement and to Dismiss This Action, With Prejudice. Further, the parties are directed to promptly file a stipulation of dismissal, at which time the Court will dismiss this action with prejudice, each party to bear her or its own costs. Signed by District Judge Carlos Murguia on 1/23/2014. (mg)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

LIZETTE MARA PEGUES,
On behalf of herself and all others
similarly situated,
Plaintiff,
vs.
CARECENTRIX, INC.,
Defendant.

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Case No. 12-CV-2484-CM

MEMORANDUM AND ORDER
Plaintiff Lizette Pegues, on behalf of herself and all others similarly situated, brought this
action under the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 201 et seq. On May 6, 2013,
this Court entered its Memorandum and Order (Doc. 24) granting, in part, plaintiff’s Motion for
Conditional Class Certification Under § 216(b) of the FLSA. This matter is now before the
Court on the parties’ Joint Motion to File Settlement Agreement Under Seal (Doc. 33) and the
parties’ Joint Motion to Approve Settlement and to Dismiss This Action, With Prejudice. (Doc.
34).
Since this action was filed, two plaintiffs opted-in.
The court is satisfied that the litigation involves a bona fide dispute and that the proposed
settlement is fair and equitable to all parties concerned. Accordingly, the court hereby approves
the Settlement Agreement. For purposes of settlement, the Court certifies, pursuant to Section
216(b) of the FLSA, a collective action consisting of plaintiff Pegues and the individual plaintiffs
who have opted into this action, Javonda Wiley and Gina Plomboy.
IT IS THEREFORE ORDERED that the parties’ Joint Motion to File Settlement
Agreement Under Seal (Doc. 33) is granted. Consistent with the e-filing procedures of this
Court, the clerk’s office is directed to grant all attorneys of record in this case the ability to view
this sealed document.

IT IS FURTHER ORDERED that the parties’ Joint Motion to Approve Settlement and
to Dismiss This Action, With Prejudice is granted. (Doc. 34).
IT IS FURTHER ORDERED that the parties are directed to promptly file a stipulation
of dismissal, at which time the Court will dismiss this action with prejudice, each party to bear
her or its own costs.
Dated this 23rd day of January, 2014, at Kansas City, Kansas.

s/ Carlos Murguia
CARLOS MURGUIA
United States District Judge

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