Tate v. Bowman's Tire and Wrecker Service et al

Filing 27

ORDER DISMISSING CASE: The Court finds that the Settlement Agreement is a fair and reasonable resolution of the parties dispute and that it satisfies the standard for approval under the FLSA. Accordingly, Plaintiff's claims and all claims that Plaintiff could assert under the FLSA are hereby dismissed with prejudice. Signed by District Judge Aleta A. Trauger on 8/26/2014. (ds)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
WILLIAM BRENT TATE,
Plaintiff,
v.
BOWMAN’S TIRE AND WRECKER
SERVICE, CHARLES BOWMAN
TRUCKING, LLC, BOWMAN’S AUTO
SALES, LLC, and CHARLES BOWMAN,
Defendants.

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CIVIL ACTION NO: 3-14-1459

Judge Trauger

ORDER OF DISMISSAL WITH PREJUDICE
The Parties hereto, by and through their undersigned counsel, have announced that they
have reached a settlement of this matter. Before this Court for consideration are: (1) the Parties’
Joint Motion to Approve Settlement and Dismissal With Prejudice (Document #22); and
(2) Defendants’ Unopposed Motion for Leave of Court to File Settlement Agreement Under Seal
(Document #23), with a copy of the settlement agreement submitted under seal (“Agreement”).
Defendants filed their motion (Document #23) requesting that the specific terms of the
Parties’ Agreement not be made public and that the Agreement be filed and kept under seal.
Plaintiff has represented through counsel (Document #22, ¶ 3) that he does not oppose
Defendants’ motion.

The motion for leave of court to file under seal (Document #23) is

APPROVED. The Agreement will be filed and kept under seal in this matter.
The Court has reviewed and approved the terms of the Agreement, whereby Plaintiff
waives and releases all claims under the Fair Labor Standards Act of 1938, 29 U.S.C. Section
201, et seq. (“FLSA”) and dismisses his claims with prejudice, with each party to bear its own

costs, attorneys’ fees and expenses. The Court finds that the Agreement is a fair and reasonable
resolution of the parties’ dispute and that it satisfies the standard for approval under the FLSA.
The Agreement is APPROVED.
Accordingly, Plaintiff’s claims and all claims that Plaintiff could assert under the FLSA
are hereby dismissed with prejudice.
IT IS HEREBY ORDERED.
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ALETA A. TRAUGER
UNITED STATES DISTRICT JUDGE

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Agreed to and submitted for entry by:

BARRETT JOHNSTON MARTIN & GARRISON, LLC
/s/ David W. Garrison_______
By:
David W. Garrison
Seth M. Hyatt
David W. Garrison, Esquire
Seth M. Hyatt, Esquire
BARRETT JOHNSTON MARTIN & GARRISON, LLC
414 Union Street Suite 900
Nashville, TN 37219
Attorneys for Plaintiff
GULLETT SANFORD ROBINSON & MARTIN, PLLC

/s/ Kathleen Pohlid_________
By: Kathleen Pohlid
Kathleen Pohlid, Esquire
GULLETT SANFORD ROBINSON & MARTIN, PLLC
150 Third Avenue South, Suite 1700
Nashville, Tennessee 37201
Attorneys for Defendants

575685.1/2014986