Opinion
Case No. 2:10-cv-14307
01-26-2012
ROCHELLE NAJOR, Plaintiff, v. G. REYNOLDS SIMS and G. REYNOLDS SIMS & ASSOCIATES, PC. Defendants.
ORDER DIRECTING SUBMISSION OF PROPOSED SETTLEMENT
On January 20, 2011, the court's staff was notified that the parties have reached a mutually agreeable settlement of this matter.
Employee/Plaintiffs such as Najor are not permitted to simply waive their claims for back wages under the Fair Labor Standards Act. Barrentine v. Ark.-Best Freight Sys., Inc., 450 U.S. 728, 740 (1981). They may, however, negotiate a proposed, purportedly "fair" stipulated judgment and submit it to the court so that it may receive "judicial scrutiny" before it is entered. Lynn's Food Stores, Inc. v. United States ex rel U.S. Dep't of Labor, 679 F.2d 1350, 1353 (10th Cir. 1982) (citing D.A. Schulte, Inc. v. Gangi, 328 U.S. 108, 113 n.8 (1946)). Accordingly,
IT IS ORDERED that, no later than January 30, 2012, the parties shall file with the court, under seal, their settlement agreement and shall submit a stipulated proposed judgment. The court intends to review the agreement before entering the proposed judgment.
_________
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE
I hereby certify that a copy of the foregoing document was mailed to counsel of record on this date, January 26, 2012, by electronic and/or ordinary mail.
Lisa Wagner
Case Manager and Deputy Clerk
(313) 234-5522