Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Lopez v. QDI 1 LLC

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

May 7, 2018

WANDA LOPEZ, Plaintiff,
v.
QDI 1 LLC, 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 FLSA SETTLEMENT AGREEMENT (Doc. 15)
FILED: April 18, 2018
THEREON it is RECOMMENDED that the motion be GRANTED in part.

         I. BACKGROUND

         On February 12, 2018, Plaintiff filed a Complaint against Defendant alleging a cause of action for an alleged violation of the overtime and minimum wage provisions of the Fair Labor Standards Act (the FLSA). Doc. 1. On March 12, 2018, Defendant answered Plaintiff's Complaint. Docs. 10. The Court entered an FLSA Scheduling Order on March 14, 2018. Doc. 12.

         On April 18, 2018, the parties filed a joint motion to approve settlement (the Motion), to which the parties attached their proposed settlement agreement (the Agreement). Doc. 15. The Agreement provides that Defendant will pay Plaintiff $7, 748.00 to settle her FLSA claims: $1, 624.00 in unpaid wages, $1, 624.00 in liquidated damages, and $4, 500.00 in attorney fees. Id. at 2, 7. The parties request that the Court review and approve the Agreement, and dismiss this case with prejudice. Id. . at 1-3.

         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. 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 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 ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.