Brown v. Wabash Alloys LLC et al, No. 3:2014cv00041 - Document 50 (N.D. Ind. 2016)
Court Description: OPINION AND ORDER: Court VACATES the March 28, 2016 opinion granting summary judgment to Aleris Specification Alloys, and GRANTS 47 Joint Motion to Approve Settlement Agreement. The 46 proposed settlement agreement filed on July 29, 2016 is APPROVED, and the Clerk of Court is DIRECTED to unseal the agreement. This cause of action is DISMISSED WITH PREJUDICE. Signed by Chief Judge Philip P Simon on 8/22/2016. (tc)
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Brown v. Wabash Alloys LLC et al Doc. 50 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA SOUTH BEND DIVISION BILLY BROWN, Plaintiff, v. ALERIS SPECIFICATION ALLOYS, INC. and WABASH ALLOYS, LLC, Defendants. ) ) ) ) ) ) ) ) ) ) Cause No. 3:14-cv-41 OPINION & ORDER The parties have filed a Joint Motion to Approve Settlement Agreement (DE 47). Brown brought this matter for unpaid overtime wages pursuant to the Fair Labor Standards Act, 29 U.S.C. § 201 et seq. I granted summary judgment against the plaintiff, and Brown appealed to the Seventh Circuit Court of Appeals. (DE 38; DE 40.) Through the circuit’s formal mediation process, the parties reached an agreement to resolve both this lawsuit and the appeal. (See DE 45 at 2; DE 44.) Accordingly, I will construe their Joint Motion to Approve the Settlement Agreement as a joint motion to set aside the judgment and to approve the settlement agreement. FLSA actions for recovery of unpaid overtime compensation require either direct supervision by the Secretary of Labor or approval by a district court. See 29 U.S.C. § 216 (c). When parties move for approval of a stipulated settlement of such actions, the district court must review the settlement for fairness and, if satisfied, may enter a stipulated judgment. Lynn Food Stores, Inc. v. United States, 679 F.2d 1350, 1354 (11th Cir. Dockets.Justia.com 1982); see also, e.g., Burkholder v. City of Fort Wayne, 750 F.Supp.2d 990, 995 (N.D. Ind. 2010). I have undertaken such a review and find the settlement to be fair and reasonable. The parties were represented by counsel and participated in arm’s length settlement discussions leading to the resolution of the matter. While the defendants continue to dispute liability, there are factual and legal issues in this matter that present risk to both parties if they continue litigating. Instead, the parties, with the assistance of their counsel, have reached a fair and reasonable compromise. Accordingly, the March 28, 2016 opinion granting summary judgment to Aleris Specification Alloys is VACATED, and the Joint Motion to Approve Settlement Agreement (DE 47) is GRANTED. The proposed settlement agreement (DE 46) filed on July 29, 2016 is APPROVED, and the Clerk of Court is DIRECTED to unseal the agreement. This cause of action is DISMISSED WITH PREJUDICE. SO ORDERED. ENTERED: August 22, 2016. s/ Philip P. Simon CHIEF JUDGE UNITED STATES DISTRICT COURT 2
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