Gregory v. Belfor USA Group, Inc.

Filing 112

MEMORANDUM ORDER. A hearing on this matter has been scheduled for January 9,2014, at which the Court intends to address whether the settlement should be approved. Accordingly, no later than January 2,2014, the parties are DIRECTED to submit 1) the se ttlement agreement and 2) a supporting memorandum no longer than fifteen (15) pages in length addressing why the agreement is properunder the FLSA. The memorandum may be filed jointly. Signed by District Judge Raymond A. Jackson on 12/2/13. The Clerk is DIRECTED to send a copy of this Order to all parties.(tbro)

IN THE UNITED STATES DISTRICT COURT

FILED

FOR THE EASTERN DISTRICT OF VIRGINIA
Norfolk Division

DEC

-3 2013

CLEHK, U.S. DIS1H 01 COURT

LISA GREGORY, on behalf of herself and all

NO: ; ; . •. VA

others similarly situated, and
JOYCE GUARDUCCI,
Plaintiffs,

CIVIL ACTION NO. 2:12cvll

v.

BELFOR USA Group, Inc.,

Defendant.

MEMORANDUM ORDER

The parties in this case have filed a joint Notice of Settlement on May 1, 2013, stating that
they "have reached a fair and reasonable resolution of the bona fide dispute between them." The
agreement itself remains confidential and has not yet been disclosed to the Court. However, the
instant case involves alleged violations of the Fair Labor Standards Act, and under that law, "there
is a judicial prohibition against the unsupervised waiver or settlement of claims." Taylor v.
Progress Energy, Inc., 493 F.3d 454, 460 (4th Cir. 2007). "[I]t is well established that the
settlement of an employee's FLSA action must be approved by a federal court through a stipulated
judgment after the court scrutinizes the settlement for fairness." Baker v. Dolgencorp, Inc., 818
F. Supp. 2d 940, 941 (E.D. Va. 2011) (quotation and punctuation omitted).

A hearing on this matter has been scheduled for January 9,2014, at which the Court intends
to address whether the settlement should be approved. Accordingly, no later than January 2,

2014, the parties are DIRECTED to submit 1) the settlement agreement and 2) a supporting

1

memorandum no longer than fifteen (15) pages in length addressing why the agreement is proper
under the FLSA. The memorandum may be filed jointly.
The Clerk is DIRECTED to send a copy of this Order to all parties.
IT IS SO ORDERED.

Norfolk, Virginia
December 3, 2013

Raymond A^Tackson
United States District Judge