1

2

3

4

5

6

7

8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA

10 CHERYL RICE, individually and on behalf of Case No. 1:24-CV-01572-KES-CDB 11 others similarly situated, 12 Plaintiffs, ORDER GRANTING JOINT MOTION FOR 13 INDIVIDUAL SETTLEMENT APPROVAL vs. AND DISMISSING ACTION 14 COUNTY OF KERN, Doc. 12 15

16 Defendant.

17 18 19 20 21 22 23 24 25 26 27 28 1 This matter is before the court on the parties’ Joint Motion for Approval of Individual Fair 2 Labor Standards Act (“FLSA”) Settlement. Doc. 12. In support of the Motion, the parties have 3 submitted a memorandum of points and authorities and the declaration of Nicholas J. Ferraro, attorney 4 of record for Plaintiff in the above-captioned action, including the Settlement Agreement and Release 5 of All Claims attached as Exhibit 1 to the declaration. Docs. 12-1, 12-2. 6 Because FLSA rights generally cannot be waived, settlement of actions for back wages pursuant 7 to

(b) must be approved by a court. Lynn’s Food Stores, Inc. v. United States, 679

, 1353 (11th Cir. 1982); see also Lee v. The Timberland Co.,

, 9

at *2 (N.D. Cal. June 19, 2008). The decision of whether to approve or reject a 10 settlement proposal is committed to the sound discretion of the district court. Officers for Justice v. 11 Civil Service Comm’n of City and Cnty. of S.F.,

(9th Cir. 1982). “The proper 12 procedure for obtaining court approval of the settlement of an FLSA claim is for the parties to present 13 to the court a proposed settlement, upon which the district court may enter a stipulated judgment only 14 after scrutinizing the settlement for fairness.” Yue Zhou v. Wang’s Rest.,

, 15

at *1 (N.D. Cal. Jan. 17, 2007). 16 In order to approve a settlement proposed by an employer and employees, a court must 17 determine that the settlement is “a fair and reasonable resolution of a bona fide dispute” of the claims 18 raised pursuant to the FLSA. Lynn’s Food Stores, 679 F.2d at 1335; see Campanelli v. Hershey Co., 19

,

, at *1 (N.D. Cal. May 4, 2011) (approving individual 20 settlements in FLSA collective action, where “payments are the result of arms-length negotiations 21 between Hershey and the 120 plaintiffs who are represented by counsel, and who have all expressly 22 consented to the settlement.”). 23 Having considered the memorandum and declaration, the individual settlement agreement, the 24 arguments of counsel, and the relevant statutory and case law, the Court GRANTS the Parties’ joint 25 motion and finds and orders as follows: 26 1. The parties’ Settlement Agreement and Release of All Claims is approved as a fair and 27 reasonable resolution of a bona fide dispute; 28 2. Plaintiff Rice’s claims in this action are dismissed in their entirety with prejudice; 1 3. The collective claims are dismissed without prejudice; 2 4. Defendant will deliver the settlement proceeds as provided for in the Settlement 3 Agreement and Release; 4 5. Neither this Order nor any other documents or information related to the individual 5 settlements in this action shall be admissible in any proceeding as evidence: (a) that any 6 group of similarly-situated or other employees may maintain a collective action under 7 the Fair Labor Standards Act or a class action under Rule 23 of the Federal Rules of 8 Civil Procedure (or comparable state law or rules); (b) of any adjudication of the merits 9 of this case or that any party has prevailed in this case; or (c) that Defendant or others 10 engaged in any wrongdoing. 11 6. The Clerk of the Court is directed to close this case. 12 13 14 ll TT IS SO ORDERED. _ ( IS Dated: _ December 11, 2025 4h 16 UNITED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28