Brown v. Ziks Home Healthcare Solutions, LLC

District Court, S.D. Ohio

Brown v. Ziks Home Healthcare Solutions, LLC

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON

KARA BROWN,

Plaintiff, Case No. 3:18-cv-350

vs.

ZIKS HOME HEALTHCARE District Judge Michael J. Newman SOLUTIONS, LLC, et al., Magistrate Judge Peter B. Silvain, Jr.

Defendants. ______________________________________________________________________________

ORDER: (1) CONDITIONALLY DISMISSING THIS CASE; AND (2) TERMINATING THIS CASE ON THE DOCKET ______________________________________________________________________________

The parties in this case, brought under the Fair Labor Standards Act (“FLSA”), have reportedly settled their dispute subject to the Court’s approval of their settlement agreement. However, after the parties entered into their settlement agreement, the Court determined—in another FLSA case—“district courts do not have authority to reject or approve FLSA settlements, based on the text of the statute itself and precedent established in the Supreme Court and the Sixth Circuit.” Cummins v. Midmark Corp., No. 3:23-cv-277,

2024 WL 3405458

, at *1 (S.D. Ohio July 9, 2024) (citing Gilstrap v. Sushinati LLC, No. 1:22-cv-434,

2024 WL 2197824

, at *2-12 (S.D. Ohio May 15, 2024)). Accordingly, this case is hereby DISMISSED, with prejudice as to all parties, provided that any party may, within thirty (30) days, file a motion to reopen the action if any matters remain pending or unresolved, and the case is terminated on the docket. IT IS SO ORDERED. October 8, 2024 s/Michael J. Newman Hon. Michael J. Newman United States District Judge

Reference

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