Chance v. E. I. du Pont de Nemours and Company

Filing 139

ORDER adopting 138 Report and Recommendation. Order granting 136 Motion for Final Approval of Settlement and 137 Motion for Approval of Attorneys' Fees and Expenses. Pltfs' claims are dismissed with prejudice.Except as otherwise provided for in the settlement agreement, each party will take nothing on the claims asserted and will bear its own costs and fees. The Court retains jurisdiction to enforce the settlement agreement. Signed by District Judge Marcia A. Crone on 3/6/19. (tkd, )

UNITED STATES DISTRICT COURT

GENE CHANCE, ET AL.
Plaintiffs,
versus
E. I. DU PONT DE NEMOURS AND
COMPANY,
Defendant.

EASTERN DISTRICT OF TEXAS

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§ Lead Case:
No.1:16-CV-00376-MAC
§ Member Case: No.1:17-CV-00333-MAC
§ Member Case: No.1:18-CV-00402-MAC
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ORDER ADOPTING REPORT AND RECOMMENDATION
The court referred this case to the Honorable Zack Hawthorn, United States Magistrate
Judge, for pretrial management. The court has received and considered Judge Hawthorn’s report
(Doc. No. 138) recommending that the court grant the pending “Joint Motion for Final Approval
of Settlement” (Doc. No. 136) and the “Unopposed Motion for Approval of Attorneys’ Fees and
Expenses.”

Doc. No. 137. No objections were filed to the magistrate judge’s report and

recommendation, and the time for doing so has now passed.
The Court, having considered the Parties’ motions, the applicable law, and representations
by counsel to Judge Hawthorn at the fairness hearing, FINDS that this case presents a bona fide
dispute under the FLSA, and that the settlement agreement is fair and reasonable as to all Parties
and reflects an arms’ length negotiation and compromise of the disputed claims. Additionally, the
Court FINDS that the attorneys’ fees and costs paid to class counsel under 29 U.S.C. § 216(b) and
the terms of the settlement agreement are reasonable.

It is, therefore, ORDERED that the magistrate judge’s report is ADOPTED and that the
“Joint Motion for Final Approval of Settlement” (Doc. No. 136) and the “Unopposed Motion for
Approval of Attorneys’ Fees and Expenses” (Doc. No. 137) are APPROVED.
It is further ORDERED that the Plaintiffs’ claims are DISMISSED with prejudice.
Except as otherwise provided for in the settlement agreement, each party shall take nothing on the
claims asserted and shall bear its own costs and fees. The Court retains jurisdiction to enforce the
settlement agreement.
The Clerk of Court is directed to close the case.
.
SIGNED at Beaumont, Texas, this 7th day of September, 2004.
SIGNED at Beaumont, Texas, this 6th day of March, 2019.

________________________________________
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE

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