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Drennan v. RH Funding Co.

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

December 3, 2019

DAMIEN DRENNAN, Plaintiff,
v.
RH FUNDING CO. and TOM MARINARO, Defendants.

          REPORT AND RECOMMENDATION

          DANIEL C. IRICK UNITED 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. 24)
FILED: November 7, 2019
THEREON it is Recommended that the motion be GRANTED.

         I. Background

         On May 21, 2019, Plaintiff Damien Drennan filed this action against Defendants RH Funding Co. and Tom Marinaro. Doc. 1. Plaintiff asserted a claims against Defendants for unpaid minimum wages and overtime compensation in violation of the Fair Labor Standards Act (FLSA), 29 U.S.C. § 206. Id. On November 7, 2019, the parties filed a joint motion for approval of settlement and dismissal with prejudice. Doc. 24 (the Motion). The parties also included the settlement agreement as an attachment. Doc. 21-1 (the Agreement).

         II. Legal Standard

         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 completed.
• The probability of plaintiff's success on the ...

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