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Killian v. Nationwide Medical Licensing, LLC

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

May 28, 2019

GI'ANNA KILLIAN, Plaintiff,
v.
NATIONWIDE MEDICAL LICENSING, LLC and ALEXIS MCGUIRE, Defendants.

          REPORT AND RECOMMENDATION

          LESLIE R. HOFFMAN UNITED STATES MAGISTRATE JUDGE.

         TO THE UNITED STATES DISTRICT COURT:

         This cause came on for consideration without oral argument on the following motion filed herein:

         MOTION: JOINT RENEWED MOTION AND MEMORANDUM OF LAW IN SUPPORT OF REQUEST FOR APPROVAL OF SETTLEMENT (Doc. No. 17)

         FILED:May 8, 2019

         THEREON it is RECOMMENDED that the motion be GRANTED.

         I. BACKGROUND.

         Plaintiff Gi'Anna Killian filed this action on February 6, 2019, alleging that Defendants Nationwide Medical Licensing, LLC and Alexis McGuire violated the overtime provisions of the Fair Labor Standards Act, 29 U.S.C. § 201, et seq. (“FLSA”). On April 22, 2019, the parties informed the Court that they reached a settlement and subsequently filed a joint motion requesting that the Court approve their agreement. Doc. Nos. 14, 15. That motion was denied without prejudice because (1) the parties had not provided sufficient information on Plaintiff's claimed damages; (2) the agreement contained a non-disparagement clause; and (3) the parties asked that the Court retain jurisdiction to enforce the agreement. Doc. No. 16.

         On May 8, 2019, the parties filed a Joint Renewed Motion and Memorandum of Law in Support of Request for Approval of Settlement. Doc. No. 17. They have included with the motion a copy of the fully executed amended settlement agreement. Doc. No. 17-1. In the motion, the parties stipulate to an order approving their settlement and dismissing this case with prejudice. Doc. No. 17, at 5. The motion was referred to the undersigned for issuance of a Report and Recommendation, and the matter is ripe for review.

         II. APPLICABLE LAW.

         In Lynn's Food Stores, the Eleventh Circuit explained that claims for compensation under the FLSA may only be settled or compromised when the Department of Labor supervises the payment of back wages or when the district court enters a stipulated judgment “after scrutinizing the settlement for fairness.” Lynn's Food Stores, Inc. v. U.S. By & Through U.S. Dep't of Labor, Employment Standards Admin., Wage & Hour Div., 679 F.2d 1350, 1353 (11th Cir. 1982). A court may only enter an order approving a settlement if it finds that the settlement “is a fair and reasonable resolution of a bona fide dispute, ” of the plaintiff's FLSA claims. 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 ...

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