Pate v. Dayton, Ohio

Filing 16

ORDER granting 15 Motion - approving Settlement Agreement. It is ordered that the terms and conditions of the Settlement Agreement and General Release are incorporated herein, by consent of the parties, the Court shall retain jurisdiction for the purpose of enforcing the attached Settlement Agreement and General Release and except as necessary to enforce the terms of the attached Settlement Agreement and General Release, this case is hereby dismissed with prejudice. Signed by Judge Thomas M. Rose on 12-6-2017. (de)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION (DAYTON)
VICTOR A. PATE,
Plaintiff,
v.
CITY OF DAYTON, OHIO,
Defendant.

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Case No. 3:16-cv-475
District Judge Thomas M. Rose
Magistrate Judge Sharon L. Ovington

ORDER APPROVING
SETTLEMENT AGREEMENT

This matter having come before the Court on the Parties’ Joint Motion to Approve
Settlement Agreement under the Fair Labor Standards Act and the Court having been sufficiently
advised, it is hereby ordered that the motion is GRANTED. The Court, having reviewed the
Settlement Agreement and General Release, concludes that it is fair and reasonable.
IT IS THEREFORE ORDERED that the parties’ Joint Motion to Approve Settlement
Agreement is GRANTED. In their Settlement Agreement and General Release, the parties
requested the Court to retain jurisdiction to enforce the terms of the Settlement Agreement and
General Release consistent with Kokkonen v. Guardian Life Insurance Company of America, 511
U.S. 375, 381–82 (1994). THUS, IT IS FURTHER ORDERED:
1. The terms and conditions of the Settlement Agreement and General Release are
incorporated herein.
2. By consent of the parties, the Court shall retain jurisdiction for the purpose of
enforcing the attached Settlement Agreement and General Release.
3. Except as necessary to enforce the terms of the attached Settlement Agreement and
General Release, this case is hereby dismissed with prejudice.
IT IS SO ORDERED.
s/Thomas M. Rose
__________________________________
UNITED STATES DISTRICT JUDGE

21569881.1