Roman et al v. FSC Clearwater, LLC et al

Filing 38

ORDER that the confidentiality provision is STRICKEN from the Agreement; Granting 35 Motion to Approve FLSA Settlement; The parties' Fair Labor Standards Act Settlement Agreement, as amended, is APPROVED; and this case is DISMISSED with prejudice. The Clerk is directed to close this case; Adopting Report and Recommendations - re 36 Report and Recommendations. Signed by Judge Carlos E. Mendoza on 5/1/2017. (DJD)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

ELVIN ROMAN and VICTOR
SANCHEZ,
Plaintiffs,
v.

Case No: 6:16-cv-969-Orl-41DCI

FSC CLEARWATER, LLC and FSC
CLEARWATER II, LLC,
Defendants.
/
ORDER
THIS CAUSE is before the Court on the parties’ Third Renewed Joint Motion to Approve
FLSA Settlement (Doc. 35). United States Magistrate Judge Daniel C. Irick submitted a Report
and Recommendation (“R&R,” Doc. 36), recommending that the Court strike the confidentiality
provision of the Settlement Agreement (“Agreement”) and approve the remainder of the
Agreement. 1 Thereafter, the parties filed a Joint Notice of No Objection (Doc. 37).
After a de novo review and noting that no objections were timely filed, the Court agrees
with the analysis in the R&R. Therefore, it is ORDERED and ADJUDGED as follows:

1

Apart from releasing the pending Fair Labor Standards Act (“FLSA”) claims, the parties
appear to have separately agreed to a general release, thereby releasing a myriad of non-pending
claims. In exchange for this general release, each plaintiff is to receive $100.00—consideration
which is separate from that being given in exchange for the settlement of Plaintiffs’ FLSA claims.
Pursuant to Lynn’s Food Stores, Inc. v. United States, this Court must determine whether a
proposed settlement “is a fair and reasonable resolution of a bona fide dispute over FLSA
provisions.” 679 F.2d 1350, 1355 (11th Cir. 1982) (emphasis added). Moreover, “the release of
non-FLSA claims is generally not subject to judicial scrutiny.” Shearer v. Estep Const., Inc., No.
6:14-cv-1658-Orl-41GJK, 2015 WL 2402450, at *3 (M.D. Fla. May 20, 2015). Accordingly, this
Court does not express an opinion as to the validity of the general release agreement.

Page 1 of 2

1. The Report and Recommendation (Doc. 36) is ADOPTED and CONFIRMED and
made a part of this Order.
2. The confidentiality provision is STRICKEN from the Agreement.
3. The parties’ Third Renewed Joint Motion to Approve FLSA Settlement (Doc. 35)
is GRANTED; the parties’ Fair Labor Standards Act Settlement Agreement, as
amended, is APPROVED; and this case is DISMISSED with prejudice.
4. The Clerk is directed to close this case.
DONE and ORDERED in Orlando, Florida on May 1, 2017.

Copies furnished to:
Counsel of Record

Page 2 of 2