Bacon v. Dolgencorp, Inc. et al

Filing 62

ORDER- On or before Wednesday, November 30, 2011, the Parties are directed to: File a Motion to Seal pursuant to NECivR 7.5(a)(i); and File separately, as provisionally sealed documents pursuant to NECivR 7.5(a)(ii), the individual settlement agreements for which the Parties are seeking Court approval. ( Case Management Deadline set for 11/30/2011.) Member Cases: 8:10-cv-00155-LSC -FG3 et al. Ordered by Judge Laurie Smith Camp. (MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
HAYLEY BACON,
Plaintiff,
v.
DOLGENCORP, INC.,
Defendant.

BRIAN BURNS
Plaintiff,
v.
DOLGENCORP, INC.,
Defendant.

LONNY EVANS,
Plaintiff,
v.
DOLGENCORP, INC.,
Defendant.

DEBRA MEREDITH,
Plaintiff,
v.
DOLGENCORP, INC.,
Defendant.

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CASE NO. 8:10CV155

ORDER

CASE NO. 8:10CV156

ORDER

CASE NO. 8:10CV157

ORDER

CASE NO. 8:10CV158

ORDER

THERESA CARLIN,
Plaintiff,
v.
DOLGENCORP, INC.,
Defendant.

NANCY NEWTON,
Plaintiff,
v.
DOLGENCORP, INC.,
Defendant.

DONALD ROBINSON,
Plaintiff,
v.
DOLGENCORP, INC.,
Defendant.

LACHELLE ROBINSON,
Plaintiff,
v.
DOLGENCORP, INC.,
Defendant.

CASE NO. 8:10CV159

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ORDER

CASE NO. 8:10CV160

ORDER

CASE NO. 8:10CV161

ORDER

CASE NO. 8:10CV162

ORDER

2

ANN RUMBAUGH,
Plaintiff,
v.
DOLGENCORP, INC.,
Defendant.

CASE NO. 8:10CV163

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ORDER

This matter is before the Court on the Joint Motion for Order Approving Individual
Settlements (Case No. 8:10CV155, Filing No. 60), filed by Defendant Dolgencorp, Inc. The
Motion asks the Court to approve the settlement agreements entered into between
Plaintiffs Hayley Bacon (Case No. 8:10CV155), Brian Burns (Case No. 8:10CV156), Lonny
Evans (Case No. 8:10CV157), Debra Meredith (Case No. 8:10CV158), Theresa Carlin
(Case No. 8:10CV159), Nancy Newton (Case No. 8:10CV160), Donald Robinson (Case
No. 8:10CV161), Lachelle Robinson (Case No. 8:10CV162), and Ann Rumbaugh (Case
No. 8:10CV163) ("Plaintiffs") and Defendant Dolgencorp, Inc. (collectively referred to herein
as "Parties"). These individual settlement agreements relate to the Plaintiffs’ rights to
damages under the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 201 et seq.
The Parties note in their Joint Motion that the Eighth Circuit has recognized that a
court must approve an agreement that settles a claim under the FLSA. See Copeland v.
ABB, Inc., 521 F.3d 1010, 1014 (8th Cir. 2008) (citing Lynn’s Food Stores, Inc. v. United
States, 679 F.2d 1350, 1353 (11th Cir. 1982)); Lynn’s Food Stores, 679 F.2d at 1353 (“If
a settlement in an employee FLSA suit does reflect a reasonable compromise over issues,
such as FLSA coverage or computation of back wages, that are actually in dispute; we
allow the district court to approve the settlement”). “When employees bring a private action

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for back wages under the FLSA, and present to the district court a proposed settlement,
the district court may enter a stipulated judgment after scrutinizing the settlement for
fairness.” Id. at 1353 (citing Schulte, Inc. v. Gangi, 328 U.S. 108, 113 (1946)).
The Parties have not presented their individual settlement agreements to the Court
so that the Court can subject them to the required scrutiny. However, the Parties have
stated that, if the Court requests them to do so, they are willing to file the settlement
agreements under seal for an in camera inspection. The Court requests that the Parties
file their agreements with the Court. Accordingly,

IT IS ORDERED:
On or before Wednesday, November 30, 2011, the Parties are directed to:
1.

File a Motion to Seal pursuant to NECivR 7.5(a)(i); and

2.

File separately, as provisionally sealed documents pursuant to NECivR
7.5(a)(ii), the individual settlement agreements for which the Parties are
seeking Court approval.

DATED this 23rd day of November, 2011.
BY THE COURT:

S/Laurie Smith Camp
United States District Judge

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