Edwards v. Multiband Corporation

Filing 186

AMENDED ORDER. (Written Opinion). Signed by Chief Judge Michael J. Davis on 3/23/12. (Attachments: # 1 Exhibit(s), # 2 Exhibit(s))(GRR)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

Carlton J. Edwards, individually and
on behalf of all other similarly situated
individuals,

Case No. 0:10-cv-02826-MJD-JJK

Plaintiff,
v.
Multiband Corporation,
Defendant.

ORDER

The above-entitled matter came before this Court on Parties’ Joint Motion for
Approval of FLSA Settlement and Dismissal of Claims. (ECF No. 175.) Based upon the
joint memorandum of law, exhibits, and all the files, records and proceedings, herein, the
Court finds the settlement reached between the Parties resolves a bona fide dispute over
overtime wages, was reached in good faith and in all respects, fair, just, reasonable and
adequate.
ACCORDINGLY, IT IS HEREBY ORDERED AND ADJUDGED:
1.

Pursuant to the procedures for a collective action under the Fair Labor

Standards Act and as otherwise required, this Court hereby approves the settlement set
forth in the Parties’ joint motion for approval of settlement and the Stipulation of
Settlement and Release (“Stipulation of Settlement”). The Parties are hereby directed to
perform pursuant to the terms of the Stipulation of Settlement.
2.

This document shall constitute the Judgment for purposes of Federal Rule

of Civil Procedure 58. This Court has jurisdiction over subject matter and the Parties and

retains continuing jurisdiction over (a) implementation of this settlement and any award
or distribution of the settlement payments; and (b) construction, enforcement and
administration of the Stipulation of Settlement.
3.

The claim of the one (1) Plaintiff, Max Buchanan is HEREBY

DISMISSED FROM THIS ACTION WITHOUT PREJUDICE.

Mr. Buchanan

timely rejected his individual settlement offer. Mr. Buchanan shall have thirty (30) days
from the date of this Order in which to file a subsequent claim if he so chooses. Under
the terms of the Stipulation of Settlement, Mr. Buchanan will receive consent-based
tolling should he re-file his claim within the thirty (30) day timeframe.
4.

The claims of the thirty-six (36) Plaintiffs (attached hereto as Exhibit 1) are

HEREBY DISMISSED WITHOUT PREJUDICE. These 36 Plaintiffs neither timely
returned a Release of Claims Form or rejected their settlement offers, and are therefore
considered “Non-Responders” under the terms of the Stipulation of Settlement.
5.

The claims of the remaining 399 Plaintiffs (attached hereto as Exhibit 2)

who timely accepted their individual settlement offers are HEREBY DISMISSED
WITH PREJUDICE.
Dated: March 23, 2012

BY THE COURT:

s/ Michael J. Davis
Honorable Michael J. Davis
United States District Court Judge

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