Opinion

Aiyekusibe v. The Hertz Corporation

Court
District Court, M.D. Florida
Filed
May 11, 2021
Cited by
0 cases
Authority
More cited than 19.8%

The opinion

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

FORT MYERS DIVISION

BAMIDELE AIYEKUSIBE, MISCHELE

HIGGINSON, and SHANTAL BROWN-

WINN, individually and on behalf of all

others similarly situated,

Plaintiffs,

v. Case No. 2:18-cv-816-JLB-MRM

THE HERTZ CORPORATION and DTG

OPERATIONS, INC.,

Defendant.

/

ORDER

On June 10, 2020, the Court stayed this action (Doc. 174) because Defendants

jointly filed for bankruptcy relief in the matter of In re Hertz Corp., No. 20-11218

(MFW), (Bankr. D. Del.). The parties now file a stipulation of dismissal with

prejudice (Doc. 176) and state that they have reached a settlement in the

bankruptcy proceedings as part of a larger mediation process involving

representatives of multiple other classes. See Omnibus Motion to Approve Certain

Settlement Agreements, No. 20-11218 (MFW), (Bankr. D. Del. Mar. 26, 2021), ECF

3474; Order Approving Aiyekusibe Settlement, No. 20-11218 (MFW), (Bankr. D.

Del. Apr. 13, 2021), ECF 3862. The parties also represent that the bankruptcy

court will retain exclusive jurisdiction as to interpretation and implementation of

the settlement. Considering the parties’ representations, the Court does not believe

that any review of the settlement is necessary under Lynn's Food Stores, Inc. v.

United States, 679 F.2d 1350, 1352 (11th Cir. 1982). Accordingly, the parties’

stipulation is self-executing. Anago Franchising, Inc. v. Shaz, 677 F.3d 1272, 1278

(11th Cir. 2012). The Clerk of Court is DIRECTED to terminate any pending

deadlines and close the file.

ORDERED in Fort Myers, Florida, on May 11, 2021.

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JOHN L. BADALAMENTI

UNITED STATES DISTRICT JUDGE

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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