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Askew v. Motive Care & Supply, Inc., 4:19-cv-177-DPM. (2020)

Court: District Court, E.D. Arkansas Number: infdco20200214955 Visitors: 4
Filed: Feb. 13, 2020
Latest Update: Feb. 13, 2020
Summary: ORDER D.P. MARSHALL, JR. , District Judge . The Court notes the joint stipulation of dismissal based on a settlement agreement. No. 14. The Court's practice in FLSA cases, however, is for the agreement to be on the public docket. Delock v. Securitas Security Services USA, Inc., No. 70 in No. 4:11-cv-520-DPM (E.D. Ark. 16 November 2012). The Court needs to make sure the deal is fair and reasonable, and that the parties negotiated the attorney's fee separately from the merits. Lynn's Foo
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ORDER

The Court notes the joint stipulation of dismissal based on a settlement agreement. No. 14. The Court's practice in FLSA cases, however, is for the agreement to be on the public docket. Delock v. Securitas Security Services USA, Inc., No. 70 in No. 4:11-cv-520-DPM (E.D. Ark. 16 November 2012). The Court needs to make sure the deal is fair and reasonable, and that the parties negotiated the attorney's fee separately from the merits. Lynn's Food Stores, Inc. v. U.S., 679 F.2d 1350, 1353-54 (11th Cir. 1982); Melgar v. OK Foods, 902 F.3d 775, 779 (8th Cir. 2018); Barbee v. Big River Steel, LLC, 927 F.3d 1024, 1027 n.1 (8th Cir. 2019). If the public filing is a deal breaker, the parties should so advise the Court. Joint report due by 21 February 2020.

So Ordered.

Source:  Leagle

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