Cuellar et al v. Crown Hospitality, LLC et al

Filing 65

ORDER re 62 53 Fairness of Settlement of FLSA Claims. Signed by Judge Patricia V. Trumbull on 5/24/10. (pvtlc1) (Filed on 5/24/2010)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On April 20, 2010, the parties (other that Plaintiffs Cesar Alatorre and Martin Alatorre) submitted their briefs in support of the fairness of their settlement of FLSA claims. On April 26, 2010, this court issued an interim order requesting further briefing as to certain issues of fairness that concerned the court. The parties have now submitted the requested briefing that resolves the court's concerns. Based on the parties' respective submissions and the file herein, IT IS HEREBY ORDERED that the settlement between Defendants and the Plaintiffs (other that Plaintiffs Cesar Alatorre and Martin Alatorre) is approved by the court. In light of the bona fide dispute among the settling parties regarding the number of hours actually worked, the settlement represents a reasonable compromise. See, Lynn's Food Stores, Inc., 679 F. 2d at 1355 ("If a settlement in an employee FLSA suit does reflect a reasonable compromise over issues, such as OR D E R, page 1 JUAN CARLOS CUELLAR, et al., ) ) Plaintiffs, ) ) v. ) ) CROWNE HOSPITALITY, LLC, et al., ) ) Defendants. ) ___________________________________ ) Case No.: C 08-5020 PVT ORDER RE FAIRNESS OF SETTLEMENT OF FLSA CLAIMS UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

FLSA coverage or computation of back wages, that are actually in dispute[,] ... the district court [may] approve the settlement in order to promote the policy of encouraging settlement of litigation.") Dated: 5/24/10 PATRICIA V. TRUMBULL United States Magistrate Judge

OR D E R, page 2