Opinion
4:23-cv-01067-MTS
01-29-2024
KATHERINE WALDEN, Plaintiff, v. PERFORMANCE DOOR AND HARDWARE GROUP, LLC, et al., Defendants.
MEMORANDUM AND ORDER
MATTHEW T. SCHELP UNITED STATES DISTRICT JUDGE
This matter is before the Court on the Joint Motions for Approval of Settlement. Docs. [30], [31]. Though it is unsettled whether federal law requires judicial approval of all settlements under the Fair Labor Standards Act, see Barbee v. Big River Steel, LLC, 927 F.3d 1024, 1026-27 (8th Cir. 2019), the Court will review the settlement at the parties' request so as to not leave them in an “uncertain position,” Doc. [30] at 4. See, e.g., Tanner v. Empire Financing, Co., 4:19-cv-0825-SEP, 2020 WL 7316115, at *1 (E.D. Mo. Dec. 11, 2020); Van Winkle v. Mick Keane's Express Delivery Serv., Inc., 4:21-cv-1213-NCC, 2022 WL 1122721, at *1 (E.D. Mo. Apr. 14, 2022); Moore v. Nat'l Vision, Inc., 4:23-cv-0593-MTS, 2023 WL 6200780, at *1 (E.D. Mo. Sept. 22, 2023). After examining the settlement agreements and the parties' filings, the Court concludes that the litigation involves a bona fide dispute and the settlements the parties propose is fair and equitable to each side. See Tanner, 2020 WL 7316115 at *1-2; see also Williams v. BPV Mkt. Place Invs., LLC, 4:14-cv-1047-CAS, 2014 WL 5017934, at *2 (E.D. Mo. Oct. 7, 2014). Thus, the Court will approve the parties' joint proposed settlements.
Accordingly,
IT IS HEREBY ORDERED that Plaintiff and Defendants Performance Door and Hardware Group, LLC, Comarco Complete Door Systems, LLC, and PC Hardware, LLC's Joint Motion for Approval of Settlement, Doc. [30], is GRANTED.
IT IS FURTHER ORDERED that the that Plaintiff and Defendant James G. Stethem's Joint Motion for Approval of Settlement, Doc. [31], is GRANTED.
IT IS FINALLY ORDERED that the parties shall file appropriate dismissal papers in this action, or a status update on the progress of the execution of the settlement, no later than February 20, 2024 . Failure to do so timely may result in dismissal of this action without further notice.