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If submission is required, the Parties will seek to submit it to the Court for in camera review for purposes of obtaining judicial approval of same should the Court so require.
Should the Court not approve the settlement, the Parties agree that they will have forfeited no rights and will revert to the status of the Action as it existed on June 1, 2015.
This matter comes before the Court pursuant to the Joint Motion for Approval of Settlement Agreement and Dismissal with Prejudice made by and between Plaintiff Nicolet Arcieri ("Plaintiff") and Defendants Shadow Management Company, Inc., d/b/a Platinum Plus (Columbia); Splash, Inc., d/b/a Platinum Plus (Columbia); Elephant, Inc., d/b/a Platinum Plus (Greenville); KWE Group, LLC; and Gregory Kenwood Gaines, a/k/a Ken Woods, ("Defendants") (collectively referred to herein as "Parties").
The settlement is presented to the Court for approval because Plaintiff asserted claims under the Fair Labor Standards Act.
Gregory Kenwood Gaines, Defendant, represented by Donald Christopher Lauderdale , Jackson Lewis PC, Harry T Heizer, Jr , Harry T Heizer Jr Law Firm, Sandi R Wilson , Jackson Lewis PC & Allan S Rubin , Jackson Lewis PC.Shadow Management Company, Inc., d/b/a Platinum Plus (Columbia); Splash, Inc., d/b/a Platinum Plus (Columbia); Elephant, Inc., d/b/a Platinum Plus (Greenville); KWE Group, LLC; and Gregory Kenwood Gaines a/k/a Ken Woods, Civil Action No. In consideration for signing this Agreement, including the promises herein, and for the compliance with the promises made herein by the undersigned, Plaintiff agrees to accept the gross amount of thirty thousand one hundred fifty-three and no cents (,153.00) to be apportioned as follows: Separate IRS 1099 Forms shall be issued to Plaintiff's counsel and Plaintiff.-3029-JFA, in which Plaintiff seeks relief for alleged violations of the Fair Labor Standards Act of 1938, ("FLSA"), 29 U. Plaintiff acknowledges and agrees that she is solely responsible for any and all federal, state, and local taxes that may be due from the settlement sum, whether it is determined that any taxes are owed based on the taxation laws in effect on the date of execution of this Agreement or that may become due at any time in the future because of a change to the laws governing the taxation of such settlement proceeds.Plaintiff expressly acknowledges and agrees that for purposes of this Agreement, she and has been properly classified as an independent contractor for whom the issuance of a Form 1099 is legally appropriate.Plaintiff further expressly acknowledges and agrees that she is relying upon her own legal and/or tax advisors, and not upon Defendants or their attorneys, with respect to any tax aspects of this Agreement.