Lopez v. Florida Pool Enclosures, Inc. et al

Filing 38

REPORT AND RECOMMENDATION re 37 Joint MOTION to Approve Settlement filed by Kelvin Lopez. Signed by Magistrate Judge Gregory J. Kelly on 2/1/2008. (DEH)

Lopez v. Florida Pool Enclosures, Inc. et al

Doc. 38

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
O RLANDO DIVISION KELVIN LOPEZ, Plaintiff, -vsFLORIDA POOL ENCLOSURES, INC., MIKE DELAHOZ, Defendants. ______________________________________ Case No. 6:07-cv-66-Orl-19GJK

REPORT AND RECOMMENDATION TO THE DISTRICT COURT
This cause came on for consideration without oral argument on the following motion: MOTION: JOINT MOTION FOR APPROVAL OF SETTLEMENT (Doc. No. 37)

FILED: January 31, 2008 _____________________________________________________________ THEREON it is RECOMMENDED that the motion be GRANTED. Plaintiffs and Defendants jointly move the Court to approve their settlement of Plaintiffs' claims pursuant to the Fair Labor Standards Act ("FLSA"). The Court has reviewed the proposed settlement as required by Lynn's Food Stores, Inc. v. United States, U.S. Dep't of Labor, 679 F.2d 1350, 1353 (11th Cir. 1982), and finds the settlement is a fair and reasonable resolution of a bona fide dispute. The case involved disputed issues of FLSA coverage, which constitutes a bona fide dispute. Each party was represented by independent counsel, who were obligated

Dockets.Justia.com

to vigorously represent their client. The Court finds the proposed settlement of payment to Plaintiffs totaling $24,189.42, and payment of $15,810.58 to Plaintiffs' counsel in exchange for Plaintiffs' release of claims and dismissal of the action with prejudice to be fair and reasonable. IT IS RECOMMENDED THAT: 1. The Court grant the motion to approve the settlement only to the extent that it is a fair and

reasonable resolution of a bona fide dispute; and 2. The Court dismiss the case with prejudice and direct the Clerk to close the case.

Failure to file written objections to the proposed findings and recommendations contained in this report within ten (10) days from the date of its filing shall bar an aggrieved party from attacking the factual findings on appeal. Recommended in Orlando, Florida on February 1, 2008.

Copies furnished to: The Honorable Patricia C. Fawsett