United States District Court, M.D. Florida, Orlando Division
REPORT AND RECOMMENDATION
C. IRICK UNITES STATES MAGISTRATE JUDGE
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.
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.
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. 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
.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