United States District Court, D. Kansas
MICHELLE C. SMITH, on behalf of herself and all others similarly situated, Plaintiff,
R.F. FISHER ELECTRIC COMPANY, LLC, Defendant.
Michael A. Williams (w/consent) Michael A. Williams, MO
#47538 Williams Dirks Dameron LLC Attorney for Plaintiff
L. Rupe, #08914 Jessica L. Skladzien, #24178 LEWIS BRISBOIS
BISGAARD & SMITH LLP Attorneys for Defendant
ORDER REGARDING JOINT AND AMENDED MOTION FOR
PRELIMINARY APPROVAL OF AMENDED COLLECTIVE ACTION
Kenneth G. Gale United States Magistrate Judge.
Court, having considered the Parties' Joint and Amended
Motion for Preliminary Approval of Amended Collective Action
Settlement [ECF 46], hereby grants the motion for the reasons
and Procedural Background
June 25, 2018, the parties' submitted their second Joint
Motion for approval of a collective action settlement. The
first Joint Motion was filed with the Court on February 9,
2018. [ECF 18].
June 4, 2018, the District Judge Crabtree entered an Order
denying the first Joint Motion. [ECF 43]. While Judge
Crabtree believe that the settlement was “fair and
reasonable, ” he concluded that he did not have enough
information to determine whether the $1, 000 service payment
to Plaintiff (referred to in the Agreement as an
“Enhancement Payment”) was also fair and
reasonable. As a result, the Court did not approve the
Following receipt of the June 4 Order, the parties entered an
Amended Collective Action Settlement Agreement and Release
(the “Amended Agreement”). The Amended Agreement
removes any reference to an Enhancement Payment and does not
provide Plaintiff with a service payment.
June 25, 2018, the parties submitted their second Joint
Motion seeking preliminary approval of the Amended Agreement.
Amended Agreement seeks to settle the Fair Labor Standards
Act (“FLSA”) claims alleged in the Complaint as
to Plaintiff and purportedly similarly-situated individuals
who, under the terms of the agreement, will be given the
opportunity to consent to join the settlement consistent with
Section 16(b) of the FLSA. The Amended Agreement does not
seek to settle Plaintiff's Kansas Wage Payment Act
(“KWPA”) claims, or the class action allegations
based on those KWPA claims, which arise out of the same
allegations and would give rise to the same damages as the
FLSA claims. No KWPA class action has been certified,
however, and the Amended Agreement ultimately calls for
dismissal, with prejudice, of what remains of this lawsuit.
Plaintiff's individual FLSA retaliation claim was
dismissed on May 30, 2018. [ECF 42].
factual background leading up to the settlement is described
in Judge Crabtree's Order [ECF 43], and incorporated
parties to an FLSA action must present a settlement of those
claims to the court for review and the court must determine
whether the settlement is fair and reasonable. Koehler v.
Freightquote.com, Inc., No. 12-2505-DDC-GLR, 2016 U.S.
Dist. LEXIS 91745, *6-8 (D. Kan. July 13, 2016). “To
approve an FLSA settlement, the Court must find that the
litigation involves a bona fide dispute and that the proposed
settlement is fair and equitable to all parties
concerned.” Id ...