Stevenson v. Trident Hospitality (Florida), LLC
Filing
9
ORDER dismissing case Signed by Judge Roy B. Dalton, Jr. on 4/3/2017. (VMF)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
BELINDA STEVENSON,
Plaintiff,
v.
Case No. 6:17-cv-366-Orl37GJK
TRIDENT HOSPITALITY (FLORIDA),
LLC,
Defendant.
_____________________________________
ORDER
In the instant action, Plaintiff asserts that Defendant violated the Fair Labor
Standards Act (“FLSA”). (Doc. 1.) On March 30, 2017, Plaintiff filed a unilateral notice of
voluntary dismissal with prejudice. (Doc. 8 (“Notice”).) In the Notice, Plaintiff represents
that the parties have reached a settlement, whereby: (1) Plaintiff will receive “full
overtime damages with no compromise” 1; and (2) attorney fees and costs were negotiated
separately from Plaintiff’s recovery. (Doc. 8, p. 2.)
Accepting Plaintiff’s representations as true, there is no need for judicial scrutiny
of the settlement reached between the parties. See, e.g., Bonetti v. Embarq Mgmt. Co.,
715 F. Supp. 2d 1222, 1226 n.6 (M.D. Fla. 2009) (indicating that a court need not review an
FLSA settlement when the parties stipulate that the plaintiff’s claims will be “paid in full,
Plaintiff’s only FLSA claim against Defendant is for unpaid minimum wage
compensation (see Doc. 1, ¶¶ 14–16, 19); thus, the Court presumes that Plaintiff intended
to represent that she has received full compensation for such claim, rather than overtime
compensation.
1
-1-
without compromise”); see also Feagans v. Americana Jax Inv., Inc., 3:07-cv-433-J-33HTS,
2008 WL 782488, at *1 (M.D. Fla. Mar. 20, 2008) (“Where the employer offers the plaintiff
full compensation on his FLSA claim, no compromise is involved and judicial approval
is not required”).
Accordingly, this case is DISMISSED WITH PREJUDICE. The Clerk is
DIRECTED to close the file.
IT IS SO ORDERED.
DONE AND ORDERED in Chambers in Orlando, Florida, on April 3, 2017.
Copies to:
Counsel of Record
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