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)

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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

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