Hernandez v. FBC Granite Ft Myers LLC et al

Filing 25

ORDER dismissing case re 24 Notice of settlement.Plaintiff's Complaint 1 is hereby DISMISSED with prejudice. The Clerk is directed to enter judgment accordingly, terminate all previously scheduled deadlines and pending motions, and close the file. Signed by Judge Sheri Polster Chappell on 3/12/2014. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
ALBERT HERNANDEZ,
Plaintiff,
v.

Case No: 2:13-cv-727-FtM-38DNF

FBC GRANITE FT MYERS LLC,
FBC GRANITE DISTRIBUTION,
LLC, FBHC CONCEPT
CORPORATION, EURICO ALTOEFILHO AND DANIEL FEIERTAG,
Defendants.
/
ORDER1
This matter comes before the Court on Joint Notice of Settlement (Doc. #24) filed
on March 5, 2014. This matter was brought under the Fair Labor Standards Act (“FLSA”),
29 U.S.C. § 201m et seq., for recovery of unpaid overtime wages and Florida Law for
unpaid wages, breach of contract, and, alternatively, unjust enrichment. (Doc. #1). The
parties have advised the Court that they have settled in this matter in its entirety after
mediation, and that Plaintiff’s FLSA claim was not compromised. (Doc. #24). Since
Defendants have agreed to pay Plaintiff all amounts to which he alleges he is entitled
under the FLSA in full, without compromise, the Court need not review of the settlement
for fairness. See Lynn’s Food Stores, Inc. v. United States Dep’t of Labor, 679 F.2d 1350,

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1352 (11th Cir. 1982); King v. My Online Neighborhood, Inc., No. 6:06-cv-435-Orl-22JGG,
2007 WL 737575, at *3 (M.D. Fla. Mar. 7, 2007) (“Where the employer offers the plaintiff
full compensation on his FLSA claim, no compromise is involved and judicial approval is
not required.”) (citation omitted). Therefore, the case is dismissed without need of further
court intervention.
Accordingly, it is now
ORDERED:
1. Plaintiff’s Complaint (Doc. #1) is hereby DISMISSED with prejudice.
2. The Clerk is directed to enter judgment accordingly, terminate all previously
scheduled deadlines and pending motions, and close the file.
DONE and ORDERED in Fort Myers, Florida this 12th day of March, 2014.

Copies: All Parties of Record

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