WALKER v. LAW OFFICES HOWARD LEE SCHIFF PC

Filing 39

ORDER APPROVING SETTLEMENT AGREEMENT - granting 38 Motion for Approval of Settlement. By JUDGE NANCY TORRESEN. (mnw)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE

PAMELA WALKER,
PLAINTIFF,
v.
LAW OFFICES HOWARD LEE
SCHIFF, P.C.,
DEFENDANT.

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Docket No. 2:15-cv-00059-NT

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ORDER APPROVING SETTLEMENT AGREEMENT
Presently pending before the Court is the parties’ Joint Motion for Judicial Approval of
Settlement Agreement. The parties have requested court-sanctioned approval of their settlement
agreements because some of the Plaintiff’s claims in this matter, based on alleged unpaid
overtime, arise under the Fair Labor Standards Act (“FLSA”) and various courts have held that,
absent approval by the Secretary of Labor, the parties require judicial approval of their stipulated
settlement in order for the plaintiff to waive her claims under the FLSA. See, e.g., Lynn’s Food
Stores, Inc. v. United States, 679 F.2d 1350, 1352 – 53 (11th Cir. 1982); Manning v. New York
University, 2001 U.S. Dist. LEXIS 12697, *35 (S.D.N.Y. 2001); Le v. Sita Information
Networking Computing USA, 2008 U.S. Dist. LEXIS 46174 (E.D.N.Y. 2008). See also Urbino
v. Puerto Rico Ry. Light & Power Co., 164 F.2d 12, 14 (1st Cir. 1947).
The Court has conducted an in camera review of the parties’ settlement agreement, set
forth in a Confidential Settlement Agreement and Release, which was reached during the course
of a Judicial Settlement Conference, as well as the representations of counsel regarding the
payments made under the terms of the settlement agreements. Based upon the Court’s review of

the terms of the settlement agreements and the circumstances involved in this matter, the Court is
satisfied that the settlement agreements reflect a fair and reasonable compromise of disputed
claims, and that the agreements are not a mere waiver of statutory rights resulting from an
employer’s overreaching behavior. See Lynn’s Food Stores, Inc., 679 F.2d 1350, 1354; Le, 2008
U.S. Dist. LEXIS 46174.
Accordingly, the Court hereby ORDERS that the terms of the settlement agreement
between the parties in this matter are approved and that the Plaintiff has validly waived her
claims in this matter, including but not limited to her claims arising under the FLSA, as a result
of the terms of the parties’ settlement agreement.
The Court further ORDERS that the parties file an appropriate stipulation of dismissal, as
set forth in the separate settlement agreements between the parties, within 10 days of the date of
this Order.
SO ORDERED.

/s/ Nancy Torresen
United States Chief District Judge
Dated this 7th day of March, 2016.

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