Foster v. Nova Hardbanding, LLC et al
ORDER granting 108 Joint Motion to Approve Settlement by Magistrate Judge Carmen E. Garza. (atc)
Case 2:15-cv-01047-CG-KRS Document 109 Filed 06/28/17 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
JARROD B. FOSTER, et al.,
No. CV 15-1047 CG/KRS
NOVA HARDBANDING, LLC, et al.,
ORDER GRANTING JOINT MOTION TO APPROVE SETTLEMENT AGREEMENT
THIS MATTER is before the Court on the parties’ Joint Motion to Approve
Confidential Settlement and Release, (Doc. 108), filed June 22, 2017. In their Motion,
the parties ask the Court to approve their Confidential Settlement Agreement and
Release (Doc. 108-1) (“Settlement Agreement”), and to retain jurisdiction over this
matter to enforce the terms of the Settlement Agreement. The Court, having reviewed
the Motion and attached Settlement Agreement, and noting that the Motion is
unopposed, finds that the motion is well-taken and should be GRANTED.
When employees file suit against their employer to recover back wages under
the Fair Labor Standards Act (“FLSA”), the parties must present any proposed
settlement to the district court for review to determine whether the settlement is fair and
reasonable. See Lynn’s Food Stores, Inc. v. United States, 679 F.2d 1350, 1353 (11th
Cir.1982). To approve an FLSA settlement, the Court must find that the litigation
involves a bona fide dispute and that the proposed settlement is fair and equitable to all
parties concerned. See id. at 1354. The Court finds that the settlement of this action, as
described in the parties’ Settlement Agreement, is: (1) fair to all parties; (2) reasonably
resolves a bona fide disagreement between the parties concerning the merits of the
Case 2:15-cv-01047-CG-KRS Document 109 Filed 06/28/17 Page 2 of 2
claims asserted in the action; and (3) demonstrates a good faith intention by the parties
that Plaintiffs’ claims be fully and finally resolved.
IT IS THEREFORE ORDERED that the parties’ Joint Motion to Approve
Confidential Settlement and Release, (Doc. 108) is GRANTED.
IT IS FURTHER ORDERED that Plaintiffs’ claims are DISMISSED with
prejudice. If the parties require the Court’s involvement to enforce any part of the
Settlement Agreement, they may file a motion in this case at that time.
THE HONORABLE CARMEN E. GARZA
UNITED STATES MAGISTRATE JUDGE
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