Velez v. Tzadik Properties LLC
Filing
18
ORDER: The Joint Motion to Approve Settlement and to Dismiss with Prejudice (Doc. # 17 ) is GRANTED. The parties' settlement is approved. This case is DISMISSED WITH PREJUDICE. The Clerk is directed to CLOSE THE CASE. Signed by Judge Virginia M. Hernandez Covington on 5/18/2018. (KAK)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
JOSE VELEZ,
Plaintiff,
v.
Case No. 8:18-cv-310-T-33TGW
TZADIK PROPERTIES LLC,
Defendant.
______________________________/
ORDER
This matter is before the Court pursuant to the parties’
Joint
Motion
to
Approve
Settlement
and
to
Dismiss
Prejudice (Doc. # 17), which was filed on May 17, 2018.
with
The
Court grants the Motion.
I.
Background
Plaintiff Jose Velez filed this Fair Labor Standards Act
case on February 6, 2018. (Doc. # 1). On February 21, 2018,
the
Court
issued
its
FLSA
Scheduling
Order,
which
also
referred the case to a mediation with Mark Hanley, Esq. (Doc.
# 7).
Defendant Tzadik Properties LLC filed an Answer and
Affirmative Defenses on March 5, 2018. (Doc. # 8).
Plaintiff filed Answers to the Court’s Interrogatories
on March 26, 2018 (Doc. # 11). On April 10, 2018, Defendant
filed its Verified Summary of Hours Worked by Plaintiff. (Doc.
# 12). On May 10, 2018, the parties reported that they reached
a full settlement. (Doc. # 15). At the Court’s direction, the
parties have filed a Motion for Court approval of their
settlement. (Doc. # 17).
II.
Analysis
Plaintiff alleges that Defendant violated the overtime
provisions of the Fair Labor Standards Act.
Accordingly, any
settlement reached between the parties is subject to judicial
scrutiny.
See Lynn's Food Stores, Inc. v. United States, 679
F.2d 1350, 1353 (11th Cir. 1982).
The parties have reached a
settlement wherein it is agreed that Plaintiff will receive
$2,927.50 for unpaid wages, $2,927.50 for liquidated damages,
and $200.00 as other consideration.
It has also been agreed
that Plaintiff’s counsel will receive $3,500.00 in attorney’s
fees and costs.
In the Motion, the parties represent that the attorney's
fees to be paid to counsel were negotiated separately and
without regard to the amount to be paid to Plaintiff for
alleged
FLSA
violations.
Pursuant
to
Bonetti
v.
Embarq
Management Company, 715 F. Supp. 2d 1222, 1228 (M.D. Fla.
2009)
and
other
governing
law,
the
Court
approves
the
compromise reached by the parties in an effort to amicably
settle this case.1
The settlement is fair on its face and
1
In Bonetti, the court explained: "if the parties submit
a proposed FLSA settlement that, (1) constitutes a compromise
of the plaintiff's claims; (2) makes a full and adequate
disclosure of the terms of settlement, including the factors
and reasons considered in reaching same and justifying the
compromise of the plaintiff's claims; and (3) represents that
the plaintiff's attorneys' fee was agreed upon separately and
2
represents a reasonable compromise of the parties' dispute.
Accordingly, it is
ORDERED, ADJUDGED, and DECREED:
(1)
The Joint Motion to Approve Settlement and to Dismiss
with Prejudice (Doc. # 17) is GRANTED.
(2)
The parties' settlement is approved.
This case is
DISMISSED WITH PREJUDICE.
(3)
The Clerk is directed to CLOSE THE CASE.
DONE and ORDERED in Chambers, in Tampa, Florida, this
18th day of May, 2018.
without regard to the amount paid to the plaintiff, then,
unless the settlement does not appear reasonable on its face
or there is reason to believe that the plaintiff's recovery
was adversely affected by the amount of fees paid to his
attorney, the Court will approve the settlement without
separately considering the reasonableness of the fee to be
paid to plaintiff's counsel." 715 F. Supp. 2d at 1228.
3
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