United States District Court, M.D. Florida, Orlando Division
REPORT AND RECOMMENDATION
R. HOFFMAN UNITED STATES MAGISTRATE JUDGE.
THE UNITED STATES DISTRICT COURT:
cause came on for consideration without oral argument on the
following motion filed herein:
JOINT RENEWED MOTION AND MEMORANDUM OF LAW IN
SUPPORT OF REQUEST FOR APPROVAL OF SETTLEMENT (Doc. No.
it is RECOMMENDED that the motion be
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.
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.
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