Wilson v. HFH, Inc.

Filing 34

ORDER directing the parties to move by 5/3/2010 for approval of the proposed settlement and to attach any written agreement or memorialization of the terms of the settlement. If the settlement involves a compromise, the parties must identify the bona fide dispute or disputes resolved by the compromise and state the reason for the compromise and either demonstrate the reasonableness of the proposed attorneys fee using the lodestar approach or represent that the parties agreed to the plaintiffs attorneys fee separately and without regard to the amount paid to settle the plaintiffs FLSA claim. Signed by Judge Steven D. Merryday on 4/23/2010. (BK)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION IVERY WILSON, Plaintiff, v. HFH, Inc., Defendant. ____________________________________/ ORDER The plaintiff sues under the Fair Labor Standards Act, 29 U.S.C. 201 et seq. (the "FLSA"), to recover overtime compensation. The mediator announces (Doc. 33) a settlement, which requires review and approval by the district court. See Lynn's Food Stores, Inc. v. United States, 679 F.2d 1350 (11th Cir. 1982); Dees v. Hydradry, Inc., __ F. Supp. 2d __, 2010 WL 1539813 (M.D. Fla. Apr. 19, 2010). On or before May 3, 2010, the parties shall move for approval of the proposed settlement. The parties must attach to the motion any written agreement or memorialization of the terms of the settlement. In the motion, the parties must (1) identify each party's estimate of the plaintiff's hourly wage and the number of unpaid hours worked (in other words, establish the range of the plaintiff's potential recovery) and (2) confirm that the attached agreement includes every term and condition of the parties' settlement (in other words, confirm the absence of any "side deal"). If the settlement involves a compromise (in other words, if the plaintiff either receives less than the full compensation claimed for unpaid wages, liquidated damages, and attorneys' fees or agrees to any term other than the release of his claim in exchange for Case No. 8:09-cv-755-T-23TBM full compensation, promptly paid), the parties must identify the bona fide dispute or disputes resolved by the compromise and state the reason for the compromise. In addition, the parties must either (1) demonstrate the reasonableness of the proposed attorney's fee using the lodestar approach or (2) represent that the parties agreed to the plaintiff's attorney's fee separately and without regard to the amount paid to settle the plaintiff's FLSA claim. See Bonetti v. Embarq Mgmt. Co., __ F. Supp. 2d __, 2009 WL 2371407 (M.D. Fla. Aug. 4, 2009). ORDERED in Tampa, Florida, on April 23, 2010. -2-

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