Cecil v. Mechanix Choice, Inc. et al

Filing 19

ORDER re: 18 Notice of Settlement; directing parties to file papers by 5/14/2009 as set forth in Order; vacating deadlines and settings in 14 Scheduling Order; file to remain open. Signed by Judge Timothy J. Corrigan on 4/16/2009. (JAL)

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION DANIELLE LEE CECIL, on behalf of herself and others similarly situated, Plaintiff, vs. MECHANIX CHOICE, INC., a Florida Corporation, and PATRICK J. CLAUDIO, individually. Defendants. ORDER This matter having come before the Court on the plaintiff's1 Notice Of Settlement (Doc. 18), it is hereby ORDERED: 1. Inasmuch as this case is brought for alleged unpaid overtime Case No. 3:08-cv-895-J-32MCR

compensation under the Fair Labor Standards Act, as amended, 29 U.S.C. § 216(b), in which plaintiff seeks overtime compensation, liquidated damages, interest and reasonable attorneys' fees and costs, (Doc. 1), the Court must make a finding that any settlement of the case represents "a fair and reasonable resolution of a bona fide dispute over the Act's provisions" after "scrutinizing the settlement for fairness." Lynn's Food Stores, Inc. v. Dep't of Labor, 679 F.2d 1350, 1353, 1355 (11th Cir. 1982). See

While the complaint and other pleadings refer to plaintiff "Danielle Lee Cecil" as a "her" and "herself," (Docs. 1, 2, 10), plaintiff's Notice Of Settlement refers to plaintiff "Daniel Lee Cecil" as "himself." Plaintiff is required to specify the proper party in the papers herein directed to be filed by May 14, 2009.

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also, Silva v. Miller, No. 08-12011, 2009 WL 73164 (11th Cir. Jan. 13, 2009). The parties shall file no later than May 14, 2009, a joint motion for approval of settlement, setting forth the terms of the settlement between them such that the Court may consider whether the settlement "is a fair and reasonable resolution" of the dispute. 2. VACATED. DONE AND ORDERED at Jacksonville, Florida this 16th day of April, 2009. The deadlines and settings in the Court's Scheduling Order (Doc. 14) are

jl. Copies to: Counsel of Record

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