Roberts v. Endurance Communications & Electrical, LLC. et al

Filing 37

ORDER denying as moot 34 Motion for entry of judgment; Adopting in part and determined to be Moot in part Report and Recommendations - re 35 Report and Recommendations; Granting 36 Amended Renewed Unopposed Motion for Entry of Judgment. The Clerk is directed to enter judgment against Defendants Endurance Communications & Electrical, LLC and 4Evolution, Inc. as follows: a. in favor of Damasi Roberts in the amount of $9000.00; b. in favor of Arnold Hervy in the amount of $ ;483.72; c. in favor of Victor Brown in the amount of $9211.70; d. in favor of Jean Fleurvil in the amount of $7917.78; e. in favor of Lonel Gabriel in the amount of $8276.20; f. in favor of Wagens Aimable in the amount of $2636.1 0. On or before December 5, 2016, Plaintiffs shall file a status report with the Court regarding the status of Defendant Christopher Riley's bankruptcy proceeding and Plaintiffs' intent to continue prosecuting this case as to Riley. The Clerk is directed to administratively close this case. Signed by Judge Carlos E. Mendoza on 11/21/2016. (DJD)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

DAMASI ROBERTS,
Plaintiff,
v.

Case No: 6:15-cv-810-Orl-41TBS

ENDURANCE COMMUNICATIONS &
ELECTRICAL, LLC., 4EVOLUTION,
INC. and CHRISTOPHER RILEY,
Defendants.
/
ORDER
THIS CAUSE is before the Court on Plaintiffs’ 1 Renewed Unopposed Motion for Entry of
Judgment (“First Motion,” Doc. 34) and the Amended Renewed Unopposed Motion for Entry of
Judgment (“Amended Motion,” Doc. 36). United States Magistrate Judge Thomas B. Smith issued
a Report and Recommendation (“R&R,” Doc. 35), addressing the First Motion and recommending
that it be granted in part and denied in part. The Amended Motion was filed to correct some of the
failings of the First Motion that were noted in the R&R. Specifically, the First Motion asked for
the following three items: approval of the amount being paid to Plaintiffs to settle their Fair Labor
Standards Act (“FLSA”) claims; retention of jurisdiction to enforce the parties’ consent judgment;
and approval of the amount paid for attorney’s fees. Judge Smith recommended approving the
settlement amount, denying the request for retention of jurisdiction, and denying without prejudice
the request to approve the amount of attorney’s fees. With regard to the attorney’s fees, Judge
Smith noted that the parties failed to provide any supporting documentation or indicate that they

1

Although there was only one named Plaintiff in the Complaint, five additional Plaintiffs
filed consents to join in the proceedings. (Doc. 2).

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complied with the procedure set forth in Bonetti v. Embarq Management Co., 715 F. Supp. 2d
1222, 1228 (M.D. Fla. 2009).
In the Amended Motion, Plaintiffs aver that the parties followed the procedure set forth in
Bonetti. Furthermore, based on the record before the Court, it appears that Plaintiffs have not
compromised their FLSA claims; they are being fully compensated for their unpaid wages along
with an equal amount in liquidated damages, and there are no non-monetary concessions, such as
a general release. (See Doc. 36 at 1 (allocating $37,525.50 for Plaintiffs’ collective damages); Pls.’
Affs., Doc. 36-1, at 3, 5, 7, 9, 11, 13 (setting forth individual unpaid wages and liquidated damages,
totaling $37,525.50)). Therefore, the Court need not conduct an independent fairness review.
Garcia v. Sunkey Bldg. Maint. Servs., Inc., 6:08-cv-1571-Orl-28DAB, 2009 WL 922092, at *2
(M.D. Fla. Apr. 3, 2009) (noting that because the plaintiff “received the full amount sought for
wages and liquidated damages, the Court does not review the reasonableness of the agreed amount
of attorney’s fees and costs”); see also Lynn’s Food Stores, Inc. v. United States, 679 F.2d 1350,
1353–54 (11th Cir. 1982) (requiring fairness review where a plaintiff’s FLSA claim has been
compromised); Dees v. Hydradry, Inc., 706 F. Supp. 2d 1227, 1240 (M.D. Fla. 2010) (“[I]f the
parties’ proposed ‘full compensation’ agreement includes an additional term—such as the
forbearance of a valuable right of the employee, including perhaps one of the employee’s FLSA
rights, or the exchange of another valuable consideration of any kind—the notion of ‘full
compensation’ becomes illusory and inapplicable.”).
Accordingly, it is ORDERED and ADJUDGED as follows:
1. The Report and Recommendation (Doc. 35) is ADOPTED in part and determined
to be MOOT in part.

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2. Plaintiffs’ Amended Renewed Unopposed Motion for Entry of Judgment (Doc. 36)
is GRANTED.
3. Plaintiffs’ Renewed Unopposed Motion for Entry of Judgment (Doc. 34) is
DENIED as moot.
4. The Clerk is directed to enter judgment against Defendants Endurance
Communications & Electrical, LLC and 4Evolution, Inc. as follows:
a. in favor of Damasi Roberts in the amount of $9000.00;
b. in favor of Arnold Hervy in the amount of $483.72;
c. in favor of Victor Brown in the amount of $9211.70;
d. in favor of Jean Fleurvil in the amount of $7917.78;
e. in favor of Lonel Gabriel in the amount of $8276.20;
f. in favor of Wagens Aimable in the amount of $2636.10.
5. On or before December 5, 2016, Plaintiffs shall file a status report with the Court
regarding the status of Defendant Christopher Riley’s bankruptcy proceeding and
Plaintiffs’ intent to continue prosecuting this case as to Riley.
6. The Clerk is directed to administratively close this case.
DONE and ORDERED in Orlando, Florida on November 21, 2016.

Copies furnished to:
Counsel of Record

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