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IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA 

Michael Larson, 

Plaintiff, 

v. 

Desert Sun Pizza LLC, et al., 

Defendants. 

No. CV-16-08011-PCT-SRB

ORDER 

This matter came before the Court on Plaintiff’s Unopposed Motion to Approve 

Collective Action Settlement (Doc. 59) in the above-captioned matter (the “Action”), seeking 

approval of the proposed Settlement. 

Having received and considered the Settlement and the supporting papers filed by 

Plaintiff the Court grants approval of the Settlement and HEREBY ORDERS, ADJUDGES, 

AND MAKES THE FOLLOWING DETERMINATIONS: 

 1. The Named Plaintiff Michael Larson and Defendants have reached a Settlement 

of this Fair Labor Standards Act (“FLSA”) collective action in which he alleged, among other 

things, that Defendants under-reimbursed their pizza delivery drivers for the vehicle expenses 

that they incurred in the performance of their job duties. It creates a Settlement Fund that will be 

paid out to the Named Plaintiff and the other 53 opt-in Plaintiffs who designate him to make 

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decisions on their behalf concerning the case, including the approval of settlements. Distributions 

from the Settlement Fund will be allocated to the Plaintiffs based on the total number of 

deliveries they performed. 

 2. The Court approves the Settlement upon the terms and conditions in the parties’ 

Settlement and Release Agreement. The Court finds the Settlement reflects a “reasonable 

compromise of the issues” when balanced against the probable outcome of further litigation and 

the risks related to liability and damages. The Court also finds the investigation, research and 

discovery conducted by the parties led them to reasonably evaluate and understand their 

respective positions. The Court further finds that approving the Settlement will avoid substantial 

and additional costs, as well as delay and risks that would likely be encountered by further 

litigation of this Action. The Court finds the Settlement has been reached after litigation of a 

bona fide dispute and as a result of arms-length negotiations involving experienced wage and 

hour lawyers. As such, the Court finds the Settlement is a “fair and reasonable resolution,” and in 

the best interest of the opt-in Plaintiffs. The Court further finds the Settlement satisfies all 

fairness and adequacy factors regarding resolution of claims under 29 U.S.C. § 201, et seq. (the 

FLSA). 

3. The Court also approves a $2,000.00 incentive award to Named Plaintiff 

Michael Larson. The amount requested is fair and reasonable for the work he performed on 

behalf of the opt-in Plaintiffs, which included his efforts in assisting with the prosecution of the 

Action and negotiation of the Settlement, as well as the financial and reputation risk he 

undertook in filing this case. 

4. The Court approves the disposition of the gross Settlement Fund. Defendants are 

directed to disburse the gross Settlement Fund as set forth in the Parties’ Settlement and Release 

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Agreement. The attorneys’ fees and costs to be disbursed to Plaintiff’s Counsel are set forth in a 

separate order. 

 5. Neither the Settlement, nor any exhibit, document or instrument delivered under 

the Settlement and Release Agreement, nor any statement, transaction or proceeding in 

connection with the negotiation, execution or implementation of the Settlement, shall be 

discoverable, or admissible in evidence, for any purpose, except as provided in the Settlement 

and Release Agreement. 

6. Without affecting the finality of this Order, the Court shall retain exclusive 

jurisdiction with respect to the interpretation, implementation and enforcement of the terms of 

the Settlement, all orders and judgments entered in connection therewith, and other matters 

ancillary to the Settlement, and the Parties and their counsel submit to jurisdiction of the Court 

for purposes of interpreting, implementing, and enforcing the Settlement and all orders and 

judgments entered in connection therewith. 

7. The Clerk is directed to enter Judgment Dismissing With Prejudice this action 

and the released claims of all collective action opt-in Plaintiffs. This Final Judgment constitutes 

a final judgment under Federal Rule of Civil Procedure 54(a). 

 Dated this 5th day of January, 2017. 

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