WALSH v. SURECLEAN CHIMNEY SERVICE, INC. et al
| MARTIN J. WALSH |
| SHANE C. CONSTRUCTION, SHANE C ELLISION, SURECLEAN CHIMNEY SERVICE, INC. doing business as SURE CLEAN CHIMNEY AND MASONRY and SHANE C. ELLISION |
| 1:2021cv01024 |
| April 26, 2021 |
| US District Court for the Southern District of Indiana |
| Mark J Dinsmore |
| James Patrick Hanlon |
| Labor: Fair Standards |
| 29 U.S.C. ยง 201 |
| None |
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This docket was last retrieved on June 9, 2021. A more recent docket listing may be available from PACER.
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Filing 10
ORDER - On April 26, 2021, the United States Secretary of Labor filed a complaint against SureClean Chimney Service, Inc. and Shane C. Ellison, alleging violations of the Fair Labor Standards Act. Dkt. 1. On May 10, 2021, the parties filed a proposed consent judgment providing that the "Court shall retain jurisdiction for purposes of enforcing compliance with the terms of this final judgment pursuant to Federal Rule of Civil Procedure 54." See dkt. 9 at 2. The proposed consent judgment does not explain why the Court should approve it, and the parties did not file a motion for judicial approval. See id. The parties are free to enter into a settlement agreement and to dismiss a case without judicial approval. But the consent judgment seeks the exercise of federal power by having the Court retain jurisdiction to enforce compliance. Under such circumstance, "a district court must determine whether a proposed decree is lawful, fair, reasonable, and adequate." E.E.O.C. v. Hiram Walker & Sons, Inc., 768 F.2d 884, 889 (7th Cir. 1985); see Loc. No. 93, Int'l Ass'n of Firefighters, AFL-CIO C.L.C. v. City of Cleveland, 478 U.S. 501, 525 (1986) ("[A] federal court is more than a recorder of contracts from whom parties can purchase injunctions") (citation omitted). The parties therefore SHALL FILE a brief in support of the proposed consent judgment explaining why it is lawful, fair, reasonable, and adequate considering the factors set forth Hiram Walker & Sons, Inc., 768 F.3d at 889, by July 9, 2021. Signed by Judge James Patrick Hanlon on 6/9/2021. Copies distributed pursuant to distribution list. (DWH)
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| Filing 9 CONSENT Judgment by MARTIN J. WALSH. (Villalobos, Barbara) |
| Filing 8 WAIVER OF SERVICE Returned Executed, filed by MARTIN J. WALSH. SURECLEAN CHIMNEY SERVICE, INC. waiver sent on 4/26/2021. (Villalobos, Barbara) |
| Filing 7 WAIVER OF SERVICE Returned Executed, filed by MARTIN J. WALSH. SHANE C. ELLISION waiver sent on 4/26/2021. (Villalobos, Barbara) |
| Filing 6 WAIVER OF SERVICE Returned Executed, filed by MARTIN J. WALSH. SHANE C. CONSTRUCTION waiver sent on 4/26/2021. (Villalobos, Barbara) |
| Filing 5 PRACTICES AND PROCEDURES before Judge James Patrick Hanlon. (DWH) |
| Filing 4 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (REO) |
| Filing 3 Summons Issued as to SHANE C. ELLISION, SHANE C. CONSTRUCTION, SURECLEAN CHIMNEY SERVICE, INC. (REO) |
| Filing 2 NOTICE of Appearance by Barbara Mariela Villalobos on behalf of Plaintiff MARTIN J. WALSH. (Villalobos, Barbara) |
| Filing 1 COMPLAINT against All Defendants, filed by MARTIN J. WALSH. (No fee paid with this filing) (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(Villalobos, Barbara) |
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