William A and Ann M. Jacobs - Page 4




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          29 U.S.C. section 216(b).  A subsequent pretrial order                      
          contained further details of the parties’ factual contentions               
          and legal theories and bifurcated the action to arrange for                 
          separate trials on the liability and damage issues.  Neither                
          the amended complaint nor the pretrial order made any reference             
          to physical injuries or sickness claimed by any plaintiff.  The             
          only claims made were based on the allegedly improper exemption             
          and resulting loss of overtime pay.                                         
                No trial was ever held because the parties reached a                  
          settlement agreement and filed a Joint Motion for Judicial                  
          Approval of Settlement Terms and Dismissal of Action With                   
          Prejudice (joint motion), setting out the terms of the                      
          settlement.  With one exception, the plaintiffs settled their               
          claims for 50 percent of the amounts claimed for unpaid                     
          overtime compensation and for an equal amount for liquidated                
          damages. The joint motion provided that the defendant would                 
          provide the settlement amounts in exchange for liability                    
          releases signed by the plaintiffs.  The joint motion described              
          the settlement agreement as entailing a “full and final                     
          settlement, release and waiver of any and all claims Plaintiffs             
          have made or could have made arising out of any and all known               
          and unknown economic losses or damages compensable under the                
          FLSA”.  The actual release stated:                                          
                I * * * hereby release, acquit and forever discharge                  
                the State of Kansas * * * of and from any and all                     





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