John Doe et al v. C&C Agricultural Farms, LLC et al

Filing 52

ORDER re 50 Mediation report. The John and Jane Doe Plaintiffs are hereby directed to file a Motion with the Court requesting the Court's approval of the FLSA settlement agreement in compliance with Lynn's Food Stores, Inc. v. U.S., 6 79 F. 2d 1350, 1354-55 (11th Cir. 1982). The Motion shall include a copy of the settlement agreement signed by all parties, a brief description of the terms of the settlement, the number of hours and lost wages originally claimed by the Plaintiff a nd whether or not the Plaintiff's claims were settled by compromise, as well as the Plaintiff's Counsel's attorney's fees and costs and whether or not said fees and costs were negotiated separately from the FLSA claim in compliance with Bonetti v. Embarq Mgmt. Co., 2009 WL 2371407 (M.D. Fla. August 4, 2009). The Plaintiff shall provide the Court with said information on or before December 10, 2014. Signed by Judge Sheri Polster Chappell on 11/25/2014. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
JANE DOE, 1 and 2
Plaintiff,
v.

Case No: 2:14-cv-206-FtM-38DNF

C&C AGRICULTURAL FARMS, LLC,
ERNESTO RUBEN CORDERO, JR. ,
REYES TAPIA-ORTIZ and CARLOS
A. RODRIGUEZ,
Defendants.
/
ORDER1
This matter comes before the Court on the Parties Mediation Notice (Doc. #50)
filed on November 14, 2014. On November 14, 2014, the Mediator notified the Court that
the case had settled in full. Count XVIII of the Amended Complaint (Doc. #44) contains
a claim for unpaid wages pursuant to the Fair Labor Standards Act (FLSA) 19 U.S.C §
201 et seq.

As such, the Parties are required to provide the Court with sufficient

information regarding the settlement in order for the Court to determine whether the
settlement is a “fair and reasonable resolution of a bona fide dispute” over FLSA issues.
Lynn’s Food Stores, Inc. v. United States, 679 F.2d 1350, 1354-55 (11th Cir. 1982).

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Therefore, the Court directs the parties to submit the settlement information related to the
FLSA claim for review in a Motion for approval of an FLSA Settlement Agreement.
Accordingly, it is now
ORDERED:
The John and Jane Doe Plaintiffs are hereby directed to file a Motion with the Court
requesting the Court’s approval of the FLSA settlement agreement in compliance with
Lynn’s Food Stores, Inc. v. U.S., 679 F. 2d 1350, 1354-55 (11th Cir. 1982).
(1) The Motion shall include a copy of the settlement agreement signed by all
parties, a brief description of the terms of the settlement, the number of hours
and lost wages originally claimed by the Plaintiff and whether or not the
Plaintiff’s claims were settled by compromise, as well as the Plaintiff’s
Counsel’s attorney’s fees and costs and whether or not said fees and costs
were negotiated separately from the FLSA claim in compliance with Bonetti v.
Embarq Mgmt. Co., 2009 WL 2371407 (M.D. Fla. August 4, 2009).
(2) The Plaintiff shall provide the Court with said information on or before
December 10, 2014.

Copies: All Parties of Record

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