Stevenson v. Trident Hospitality (Florida), LLC

Filing 9

ORDER dismissing case Signed by Judge Roy B. Dalton, Jr. on 4/3/2017. (VMF)

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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 -2-

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