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