United States District Court, S.D. Florida
ORDER APPROVING SETTLEMENT AGREEMENT AND DISMISSING
CASE WITH PREJUDICE
J. O'SULLIVAN UNITED STATES MAGISTRATE JUDGE
MATTER came before the Court following notice from the
parties that the case has settled and the Court having
conducted a hearing concerning the settlement.
COURT has heard from counsel and considered the terms of the
Settlement Agreement, the pertinent portions of the record,
and is otherwise fully advised in the premises.
case involves a claim for unpaid overtime compensation under
the Fair Labor Standards Act, 29 U.S.C. §201, et
seq (“FLSA”). In reviewing a settlement of
an FLSA private claim, a court must "scrutiniz[e] the
settlement for fairness, " and determine that the
settlement is a "fair and reasonable resolution of a
bona fide dispute over FLSA provisions." Lynn Food
Stores v. United States, 679 F.2d 1350, 1352-53 (11th
Cir. 1982). A settlement entered into in an adversarial
context where both sides are represented by counsel
throughout litigation "is more likely to reflect a
reasonable compromise of disputed issues." Id.
The district court may approve the settlement in order to
promote the policy of encouraging settlement of litigation.
Id. at 1354.
case, there is a bona fide factual dispute over the length of
time the defendants were in actual control of the plaintiffs
employment. The Court has reviewed the terms of the
Settlement Agreement including the amount to be received by
the plaintiff and the attorney's fees and costs to be
received by counsel and finds that the compromise reached by
the parties is a fair and reasonable resolution of the
parties' bona fide disputes. Accordingly, it is
AND ADJUDGED that the parties' Settlement Agreement
(including attorney's fees and costs) is hereby APPROVED.
It is further
AND ADJUDGED that this case is DISMISSED WITH PREJUDICE. The
Court retains jurisdiction until February 24, 2017 to enforce
the terms of the settlement.
Clerk of Court is directed to ...