Opinion
Case No. 14-cv-01184-RS
08-18-2015
JOSEPH DURAN, et al., Plaintiffs, v. THE HERSHEY COMPANY, Defendant.
ORDER APPROVING SETTLEMENT AGREEMENT AND DISMISSING CLAIMS WITH PREJUDICE
This Fair Labor Standards Act ("FLSA") retaliation case has settled, and the parties seek judicial approval of their agreement. See Lynn's Food Stores Inc. v. Dep't of Labor, 679 F.2d 1350, 1352-53 (11th Cir. 1982). The "proper procedure for obtaining court approval of the settlement of FLSA claims is for the parties to present to the court a proposed settlement, upon which the district court may enter a stipulated judgment only after scrutinizing the settlement for fairness." Lee v. The Timberland Co., C 07-2367-JF, 2008 WL 2492295, at *2 (N.D. Cal. June 19, 2008). Approval is warranted if "the settlement is a fair and reasonable resolution of a bona fide dispute." Id.
The settlement agreement in this case is fair and reasonable. As far as can be determined from the available materials, this matter involves a genuine and fact-intensive dispute. By settling, each side has chosen to avoid the risk and expense of trial. Moreover, the four remaining plaintiffs will each receive a substantial payment, relative to their claimed damages, in exchange for releasing their claims. Accordingly, IT IS HEREBY ORDERED THAT:
1. Approval of the settlement agreement, including the releases contained therein, the payments to plaintiffs and plaintiffs' counsel's attorney fees and costs, is GRANTED.
2. All parties are bound by the terms of the settlement agreement.
3. This action, Duran, et al. v. The Hershey Company, No. 3:14-cv-01184-RS, is hereby DISMISSED WITH PREJUDICE and on the merits. The court reserves and retains exclusive and continuing jurisdiction over the above-captioned matter, the settlement agreement, and the parties for the purposes of supervising the implementation, effectuation, enforcement, construction, administration and interpretation of the settlement agreement.
IT IS SO ORDERED. Dated: August 18, 2015
/s/_________
RICHARD SEEBORG
United States District Judge