DAVID E. MASTAGNI, ESQ. (SBN 204244) JAMES CARR, ESQ. (SBN 53274) ISAAC S. STEVENS, ESQ. (SBN 251245) JEFFREY R. A. EDWARDS, ESQ. (SBN 265597) MASTAGNI, HOLSTEDT, AMICK, MILLER & JOHNSEN A Professional Corporation 1912 "I" Street Sacramento, California 95811-3151 Telephone: (916) 446-4692 Facsimile: (916) 447-4614 Attorneys for Plaintiffs
STIPULATION RE APPROVAL OF SETTLEMENT AGREEMENT AND DISMISSAL WITH PREJUDICE; ORDER
The parties to the above captioned action hereby stipulate as follows:
1. Plaintiffs JEFFREY HORTON, et al. (Collectively "Plaintiffs") are presently or were previously employed by the COUNTY OF SACRAMENTO ("Defendant"). Plaintiffs and the Defendant shall be collectively referred to as "Parties" herein.
2. Plaintiffs filed the above captioned action ("Action") on behalf of themselves and others similarly situated alleging violations of the Fair Labor Standards Act (29 U.S.C. § 201 et seq.) ("FLSA"). The Court has jurisdiction over the subject matter of this action and over the parties.
3. The Defendant filed an Answer to the Complaint denying its material allegations and asserting affirmative defenses thereto.
4. The Parties dispute the applicability of the FLSA to the facts as alleged in the Complaint.
5. The Parties have engaged in extensive negotiations in an attempt to resolve their differences, and throughout these negotiations all Parties were, and continue to be, represented by experienced counsel.
6. The Parties wish to avoid the potential uncertainty, expense and delay of litigation and have therefore reached an agreement. The terms of the Parties' agreement are embodied in the Settlement Agreement and General Release of All Claims ("Settlement Agreement") that all Parties have executed. A copy of the Settlement Agreement is attached hereto and incorporated herein.
7. Courts have determined that the provisions of the FLSA are mandatory and cannot generally be abridged by contract or otherwise waived. (See, e.g., Lynn's Food Stores, Inc. v. United States, 679 F.2d 1350, 1352 (11th Cir. 1982).) However, when employees bring a private action for compensation under the FLSA, and present the district court a proposed settlement, the district court may enter a judgment after scrutinizing the settlement for fairness. (Id. at 1353).
8. By entering into this Stipulation and requesting Court approval, the Parties do not intend that the Court should make any findings or determination regarding the law.
IT IS THEREFORE STIPULATED, by and between the Parties, through their respective counsel, that:
1. The Settlement Agreement contains a fair and just negotiated resolution to the current dispute between the parties in this case;
2. The Court approve the Settlement Agreement by signing the Order set forth below; 3. The Court should reserve jurisdiction over this Action for the purposes of ...