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: MOTION TO APPROVE FLSA SETTLEMENT AND FOR
DISMISSAL WITH PREJUDICE AS TO ALL DEFENDANTS (Doc.
FILED: April 12, 2018
THEREON it is RECOMMENDED
that the motion be GRANTED.
15, 2017, Plaintiff filed a Complaint against Defendants
alleging a cause of action for an alleged violation of the
overtime provisions of the Fair Labor Standards Act (the
FLSA). Doc. 1. On April 12, 2018, the parties filed a joint
motion to approve settlement (the Motion), to which the
parties attached their proposed settlement agreements (the
Agreements). Docs. 51; 51-1; 51-2. The Agreements provide
that Defendants Winghouse II, Inc. (Winghouse) and Crawford
F. Ker (Ker) will pay Plaintiff $5, 500.00 to settle his FLSA
claims: $970.90 in unpaid wages, $970.90 in liquidated
damages, and $3, 558.20 in attorney fees. Docs. 51 at 2-3;
51-1 at 2-3. The Agreements provide that Defendant Soaring
Wings, LLC (Soaring Wings) will pay Plaintiff $6, 000.00 to
settle his FLSA claims: $1, 500.00 in unpaid wages, $1,
500.00 in liquidated damages, and $3, 000.00 in attorney
fees. Docs. 51 at 3-4; 51-2 at 2-3. The parties request that
the Court review and approve the Agreements, and dismiss this
case with prejudice. Doc. 51 at 6.
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. Dep't 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
. 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