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Cripe v. Arpsim, Inc.

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

June 6, 2018

ALIKA CRIPE, Plaintiff,
v.
ARPSIM, INC, VEERA BROS, INC, NISHA VEERA and PARAG VEERA, Defendants.

          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 (Doc. 16)
FILED: May 9, 2018
THEREON it is RECOMMENDED that the motion be GRANTED in part.

         I. BACKGROUND

         On March 1, 2018, Plaintiff filed a Complaint against Defendants alleging causes of action for unpaid wages under the Fair Labor Standards Act (the FLSA) and the Florida Minimum Wage Act. Doc. 1. On May 9, 2018, the parties filed a joint motion to approve settlement (the Motion), to which the parties attached their proposed settlement agreement (the Agreement). Docs. 16; 16-1. The Agreement provides that Defendant will pay Plaintiff a total of $4, 500.00: $250.00 in unpaid wages, $250.00 in liquidated damages, and $4, 000.00 in attorney fees. Docs. 16 at 3; 16- 1 at 4. The parties request that the Court review and approve the Agreement, dismiss the case with prejudice, and retain jurisdiction to enforce the terms of the settlement. Doc. 16 at 7.

         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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