Berger v Bell-Mark Technologies Corporation

Filing 19

ORDER (Memorandum 18 filed previously as separate docket entry) GRANTING in Part & DENYING in Part joint motion 17 for approval of settlement, directing parties to craft more narrowly tailored release provision that limits scope of release to co ver only claims that both (1) fall w/in FLSA & appropriate state law counterparts & (2) which arise from alleged facts of instant litigation, & directing parties to file modified agreement for court's final review & approval by 5/17/19 w/ court to construe failure to so file as expression of parties' desire to proceed w/ litigation. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 4/30/19. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
JEFFREY BERGER, individually
and on behalf of all others similarly
situated,
Plaintiff
v.
BELL-MARK TECHNOLOGIES
CORPORATION,
Defendant

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CIVIL ACTION NO. 1:17-CV-1836
(Chief Judge Conner)

ORDER
AND NOW, this 30th day of April, 2019, upon consideration of the parties’
joint motion (Doc. 17) for approval of settlement, and for the reasons set forth in the
accompanying memorandum, it is hereby ORDERED that:
1.

The motion (Doc. 17) is GRANTED in part and DENIED in part
consistent with the court’s memorandum and the following
paragraphs.

2.

The parties are directed to craft a more narrowly tailored release
provision which limits the scope of the release to cover only claims that
both (1) fall within the ambit of the Fair Labor Standards Act and
appropriate state law counterparts and (2) which arise from the alleged
facts of the instant litigation.

3.

The parties shall file the modified agreement for the court’s final
review and approval on or before Friday, May 17, 2019. The court will
construe a failure to so file as an expression of the parties’ desire to
proceed with litigation.
/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania