Weatherly et al v. Michael Foods et al

Filing 69

ORDER granting 66 RESTRICTED MOTION, the Agreement is APPROVED as a fair and reasonable resolution of this action under Section 16(b) of the Fair Labor Standards Act, 29 U.S.C. §216(b); Attorneys Peter Winebrake and Robert E. DeRose are appoin ted to serve as colead counsel for purposes of representing all settlement participants during any and all further proceedings relating to the settlement; and This action is DISMISSED WITH PREJUDICE AS SETTLED, although this Court shall retain jurisd iction over this action for purposes of overseeing and/or resolving any disputes arising from the implementation or administration of the settlement terms. Ordered by Chief Judge Joseph F. Bataillon. (ADB, ) Modified on 4/15/2009 to unrestrict order(ADB, ).

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA : : : : : : : : : :

JEAN D. WEATHERLY, et al. v. MICHAEL FOODS, INC., M.G. WALDBAUM COMPANY, and ADVANCE SERVICES, INC.

8:08-cv-00153-JFB-TDT

ORDER AND NOW, this 15th day of April, 2009, upon consideration of the Plaintiff's "Unopposed Motion for Approval of the Settlement" ("Approval Motion") (Doc. 66), the accompanying and fully executed Confidential Settlement Agreement and Release ("Agreement"), the accompanying Memorandum of Law, and all other papers and proceedings herein, IT IS HEREBY ORDERED that: 1. The Approval Motion is GRANTED and the accompanying Agreement is APPROVED as a fair and reasonable resolution of this action under Section 16(b) of the Fair Labor Standards Act, 29 U.S.C. §216(b), the provisions of said Agreement being expressly made a part of this Order; 2. Attorneys Peter Winebrake and Robert E. DeRose are appointed to serve as colead counsel for purposes of representing all settlement participants during any and all further proceedings relating to the settlement; and 3. This action is DISMISSED WITH PREJUDICE AS SETTLED, although this Court shall retain jurisdiction over this action for purposes of overseeing and/or

resolving any disputes arising from the implementation or administration of the settlement terms. BY THE COURT: s/ Joseph F. Bataillon Chief District Judge

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