Elawyers Elawyers
Washington| Change

Birch v. RHD Jr., Inc., 4:17-cv-384-DPM. (2019)

Court: District Court, E.D. Arkansas Number: infdco20190128456 Visitors: 1
Filed: Jan. 25, 2019
Latest Update: Jan. 25, 2019
Summary: ORDER D.P. MARSHALL, JR. , District Judge . The Court stumbled in not directing its usual proposed-settlement drill in the last slice of this FLSA case. The Court must evaluate the settlement for reasonableness. Lynn's Food Stores, Inc. v. United States, 679 F.2d 1350 , 1353 (11th Cir. 1982); see also Melgar v. OK Foods, 902 F.3d 775 , 779 (8th Cir. 2018). The settlement agreement filed under seal, N o 49, also appears to be a draft. Plus, while the parties may certainly agree
More

ORDER

The Court stumbled in not directing its usual proposed-settlement drill in the last slice of this FLSA case. The Court must evaluate the settlement for reasonableness. Lynn's Food Stores, Inc. v. United States, 679 F.2d 1350, 1353 (11th Cir. 1982); see also Melgar v. OK Foods, 902 F.3d 775, 779 (8th Cir. 2018). The settlement agreement filed under seal, No 49, also appears to be a draft. Plus, while the parties may certainly agree on what they may say about the deal, the agreement must be filed on the public docket. Delock v. Securitas Security Services USA Inc., No. 4:11-cv-520-DPM, No 70 at 3-4. If that step is a deal breaker, then the parties should notify the Court. In that event, the motion, No 44, the discovery dispute, No 45, and the case will be put back on track for decision. Notice, or joint motion with the final proposed agreement and all supporting papers, due by 7 February 2019. Plaintiff's counsel may file their bill under seal or file a redacted version on the public docket.

So Ordered.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer