United States District Court, M.D. Florida, Orlando Division
REPORT AND RECOMMENDATION
C. IRICK UNITED STATES MAGISTRATE JUDGE
cause comes before the Court for consideration without oral
argument on the following motion:
MOTION: Joint Motion for Approval of Settlement (Doc.
FILED: November 7, 2019
THEREON it is Recommended
that the motion be GRANTED.
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).
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. 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
• The existence of collusion behind the settlement.
• The complexity, expense, and likely duration of the
• The state of the proceedings and the amount of
• The probability of plaintiff's success on the