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Kimpel v. Giant Recreation World, Inc.

United States District Court, M.D. Florida, Orlando Division

February 27, 2018

SHARI KIMPEL, Plaintiff,
v.
GIANT RECREATION WORLD, INC., Defendant.

          REPORT AND RECOMMENDATION

          DANIEL C. IRICK UNITES STATES MAGISTRATE JUDGE

         This cause comes before the Court for consideration without oral argument on the following motion:

MOTION: JOINT MOTION FOR APPROVAL OF SETTLEMENT AGREEMENT (Doc. 25)
FILED: December 13, 2017
THEREON it is RECOMMENDED that the motion be GRANTED.

         I. BACKGROUND

         On June 6, 2017, Plaintiff filed a Complaint against Defendant alleging a cause of action for an alleged violation of the overtime provisions of the Fair Labor Standards Act (the FLSA). Doc. 1. On December 13, 2017, the parties filed a joint motion to approve settlement (the Motion), to which the parties attached their proposed settlement agreement (the Agreement). Docs. 25; 25-1. The Agreement provides that Defendant will pay Plaintiff $9, 097.21 to settle Plaintiff's FLSA claims: $2, 983.61 in unpaid overtime wages, $2, 983.60 in liquidated damages, and $3, 130.00 in attorney fees. Docs. 25; 25-1 at 1. The parties request that the Court review and approve the Agreement, and dismiss this case with prejudice. Doc. 25.

         II. LAW

         The settlement of a claim for unpaid minimum or overtime wages under the FLSA may become enforceable by obtaining the Court's approval of the settlement agreement.[1] Lynn's Food Stores, Inc. v. U.S. Dept of Labor, 679 F.2d 1350, 1352-53 (11th Cir. 1982). The Court, before giving its approval, must scrutinize the settlement agreement to determine whether it is a fair and reasonable resolution of a bona fide dispute of plaintiff s FLSA claims. See id at 1353-55. In doing so, the Court should consider the following nonexclusive factors:

.The existence of collusion behind the settlement.
.The complexity, expense, and likely duration of the litigation.
.The state of the proceedings and the amount of discovery completed.
.The probability of plaintiff s success on the ...

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