Turner v. HJB Express Freight, Inc. et al

Filing 35

ORDER adopting 34 REPORT AND RECOMMENDATIONS re 33 Second Amended Joint MOTION for Settlement Approval and Fairness Finding filed by Reggie Turner. See PDF for full details. The Clerk is DIRECTED to close the file. Signed by Judge Roy B. Dalton, Jr. on 5/8/2018. (ctp)(JLC)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
REGGIE TURNER,
Plaintiff,
v.

Case No. 6:17-cv-655-Orl-37KRS

HJB EXPRESS FREIGHT, INC.; and
HILDA JACQUELINE BROOKS,
Defendants.
_____________________________________
ORDER
In this action, Plaintiff asserts that Defendants violated the Fair Labor Standards
Act (“FLSA”) by allegedly failing to pay him minimum and overtime wages. (See Doc. 1.)
After two unsuccessful attempts, the parties have filed a third motion for approval of
their settlement in accordance with Lynn’s Food Stores, Inc. v. U.S. ex rel. U.S. Department
of Labor, 679 F.2d 1350 (11th Cir. 1982). (Doc. 33, pp. 1–8 (“Motion”); id. at 10–17
(“Agreement”).)
Under the terms of the Agreement, Defendants will pay Plaintiff a total of $5,000—
$1,000 for Plaintiff’s claims for damages and unpaid wages (“Payment”) and $4,000 to his
counsel (“Attorney Fees”). (Id. at 11.) Among others, the Agreement also contains the
following provisions:
2. Dismissal of Lawsuit. The parties agree to submit this
settlement agreement to the Court for approval as is required
in FLSA claims, and to never file or re-file any legal or
administrative action against the Released Parties, except for
any enforcement of the terms of this Agreement [(“Dismissal
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Provision”)].
3. Full Relief of Claims. Turner represents and acknowledges
that full payment of the settlement proceeds identified herein
constitute payment in full settlement of any and all claims at
issue. Turner represents and acknowledges that the
settlement proceeds identified herein constitute full payment
for any wages owed, including liquidated damages. Turner
acknowledges that any right he may have to assert a claim in
the future against the Released Parties is waived. If this
provision is breached, Turner shall return the payments made
pursuant to this Agreement and agree to pay the Released
Parties for any attorneys’ fees and costs incurred in defense of
such claim [(“Full Relief Provision”)].
4. General Release. Other than as to the express rights and
obligations set forth in this Agreement, and in consideration
of the provisions, promises, terms and conditions of this
Agreement, Turner hereby releases and forever discharges
The Released Parties for any and all claims raised in the
complaint filed in case number 6:17-cv-00655-RBD-KRS,
pending in the Middle District of Florida. In addition, the
Released Parties hereby release and forever discharge Turner
for any and all claims related to or in response to the claims
raised in the complaint filed in case number 6:17-cv00655RBD-KRS, pending in the Middle District of Florida, and the
defenses raised in the Released Parties’ Answer, Affirmative
Defenses, and Counterclaim filed in case number 6:17-cv00655-RBD-KRS, pending in the Middle District of Florida
[(“Release”)].
(Doc. 33, p. 13.) The Agreement defines “Released Parties” as:
HJB EXPRESS FREIGHT, INC., and its respective present,
past, and future affiliates, predecessors, heirs, successors,
parents, subsidiaries, assigns, insurers, payroll companies,
employee leasing companies, and each and every one of its
respective current or former owners, shareholders, servants,
officers, directors, employees, agents, principals, relatives,
representatives, beneficiaries, alter egos, attorneys, and
HILDA J. BROOKS, individually.
On referral, U.S. Magistrate Judge Karla R. Spaulding concludes that: (1) Plaintiff
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has compromised his claim; (2) the Payment is fair and reasonable; and (3) the Attorney
Fees were negotiated separately from the Payment. (Doc. 34 (“R&R”).) Although
Magistrate Judge Spaulding finds that the Release does not undermine the fairness of the
settlement, she notes that the Undersigned has cautioned against including concessions
unrelated to the substance of FLSA claims in FLSA settlements. (Id. at 5–6.) So she
recommends that if the Court concludes that the Release is sufficiently narrow that it find
it does not undermine the fairness of the settlement. (Id. at 6–7.) Upon review, the Court
finds that the Release is sufficiently narrow because, as Magistrate Judge Spaulding
points out, it “does not require Plaintiff to release all possible claims, but only those
asserted in the [C]omplaint.” (Id. at 7.) Hence the Release does not render the Settlement
unfair. See Dees v. Hydradry, Inc., 706. F. Supp. 2d 1227, 1240 (M.D. Fla. 2010).
Magistrate Judge Spaulding, however, concludes that the Dismissal Provision, the
Full Relief Provision, and the definition of Released Parties are problematic because they
are not limited to the claims and parties involved in this action. (Doc. 34, p. 8.) Under the
severability provision, Magistrate Judge Spaulding proposes several modifications to the
Dismissal and the Full Relief Provisions and the definition of Released Parties. (Id. at 8–
9). In the Court’s view, these modifications make the settlement fair and reasonable.
No party filed objections and the time for doing so has now passed. Absent
objections, the Court has examined the R&R only for clear error. See Wiand v. Wells Fargo
Bank, N.A., No. 8:12-cv-557-T-27EAJ, 2016 WL 355490, at *1 (M.D. Fla. Jan. 28, 2016); see
also Marcort v. Prem, Inc., 208 F. App’x 781, 784 (11th Cir. 2006). Finding none, the Court
concludes that the R&R is due to be adopted in its entirety.
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Accordingly, it is ORDERED AND ADJUDGED as follows:
1.

U.S. Magistrate Judge Karla R. Spaulding’s Report and Recommendation
(Doc. 34) is ADOPTED, CONFIRMED, and made a part of this Order.

2.

The parties’ Second Amended Joint Motion for Approval of Settlement
(Doc. 33, pp. 1–8) is GRANTED IN PART. The Court declines to retain
jurisdiction to enforce the terms of the Agreement.

3.

The Parties’ Settlement and Release Agreement (Doc. 33, pp. 10–17) is
STRUCK and REVISED as follows:
a.

“Revised Parties” is defined as Defendants HJB Express Freight, Inc.
and Hilda J. Brooks, individually.

b.

2. Dismissal of Lawsuit. The parties agree to submit this settlement
agreement to the Court for approval as is required in FLSA claims,
and to never file or re-file any legal or administrative action based
on any and all claims raised in the complaint filed in case number
6:17-cv-00655-RBD-KRS, pending in the Middle District of Florida,
against the Released Parties, except for any enforcement of the terms
of this Agreement

c.

3. Full Relief of Claims. Turner represents and acknowledges that
full payment of the settlement proceeds identified herein constitute
payment in full settlement of any and all claims raised in the
complaint filed in case number 6:17-cv-00655-RBD-KRS, pending in
the Middle District of Florida. Turner represents and acknowledges
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that the settlement proceeds identified herein constitute full
payment for any wages owed, including liquidated damages.
4.

As modified above, the Court ADOPTS the parties’ Settlement and Release
Agreement.

5.

This action is DISMISSED WITH PREJUDICE.

6.

The Clerk is DIRECTED to close the file.

DONE AND ORDERED in Chambers in Orlando, Florida, on May 8, 2018.

Copies to:
Counsel of Record

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