Thomas v. Viskase Companies Inc

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION JAMIE THOMAS and ARGUSTER WILLIAMS, Both Individually and on Behalf of All Others Similarly Situated; and SEAN GARNETT PLAINTIFFS V. No. 3:19-cv-330-DPM VISKASE COMPANIES, INC. DEFENDANT ORDER 1. The Court appreciates the parties’ joint response, Doc. 104.

The Court understands the parties’ preference for confidentiality but directs the Clerk to unseal the proposed agreement, Doc. 106, consistent with this Court’s standard practice in wage cases.

2. The joint motion, Doc. 101, is granted. The proposed settlement is fair, reasonable, and adequate. Lynn’s Food Stores, Inc. v. United States, 679 F.2d 1350, 1353 (11th Cir. 1982); see also Barbee v. Big River Steel, LLC, 927 F.3d 1024, 1027 (8th Cir. 2019); Melgar v. OK Foods, 902 F.3d 775,779 (8th Cir. 2018). It reflects a good-faith compromise of contested overtime issues. And the parties are negotiating the attorney’s fees and costs separately.

3. The Court certified, without conditions, a collective action.

Doc. 73. The group contains: All hourly-paid workers at the Osceola plant employed after 15 November 2016. The group members are listed in Exhibit A to the Settlement Agreement. Doc. 101-1. Individual named-plaintiff Sean Garnett has also settled. The Court directs the parties to administer their settlement as contemplated in their agreement.

4. Any motion for costs and attorney's fees due by February 2022. The Court will enter Judgment dismissing the complaint with prejudice and retain jurisdiction for a time to enforce the settlement and resolve fee issues.

So Ordered.

SPrqursall D.P. Marshall Jr. United States District Judge Sauvory 2022 _2-