SAPP v. LINKED COMMUNICATIONS et al
Filing
74
ORDER. The Chief Magistrate Judge's 73 Report and Recommendation is adopted as modified herein and incorporated by reference in this Order. The parties' Third Amended Joint Motion for Court Approval of Settlement, Att orneys Fees and Costs (doc. 72 ) is GRANTED and the parties' proposed Second Amended Settlement Agreement and Release (doc. 72, Attachment) is APPROVED as provided in this Order. The Clerk is directed to enter final judgment pursuant to the p arties' settlement agreement, dismissing the case with prejudice and closing the file. There will be no award of costs or attorneys' fees, as those matters are dealt with in the Second Amended Settlement Agreement and Release. The Court retains jurisdiction to enforce the terms of the settlement agreement consistent with this Order. Signed by CHIEF JUDGE M CASEY RODGERS on 4/21/2014. (sdw)
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
JASON SAPP,
Plaintiff,
v.
Case No. 3:12cv245/MCR/EMT
LINKED COMMUNICATIONS,
a business entity, and
PAUL FRANKLIN,
Defendants.
_________________________________/
ORDER
This cause comes on for consideration upon the Chief Magistrate Judge’s Report
and Recommendation dated March 13, 2014 (doc. 73). The parties have been furnished
a copy of the Report and Recommendation and have been afforded an opportunity to file
objections pursuant to Title 28, United States Code, Section 636(b)(1).
No timely
objections have been filed.
Having considered the Report and Recommendation, the Court has determined that
the Report and Recommendation should be modified as set forth in the note below and
otherwise adopted in full.1
Accordingly, it is now ORDERED as follows:
1.
1
The Chief Magistrate Judge’s Report and Recommendation is adopted as
In reviewing the parties’ proposed settlem ent agreem ent for fairness, see Lynn’s Food Stores, Inc.
v. United States, 679 F.2d 1350, 1355 (11th Cir.1982), the Court will not approve a com prom ise of FLSA rights
that includes a prospective waiver of FLSA rights. Dees v. Hydradry, Inc., 706 F. Supp. 2d 1227, 1243 (M.D.
Fla. 2010). Here, the parties’ proposed agreem ent provides that Plaintiff agrees to release Defendants “from
any and all claim s, . . . whether known or unknown, . . . including but not limited to any claim which was or
could have been raised in the lawsuit . . . , for any claim for unpaid wages . . . .” (Doc. 72-1, at 5) (em phasis
added). This language m ay be reasonably construed as a prospective waiver of FLSA rights. However, the
proposed agreem ent also states that “[i]n the event that any portion of [the] agreem ent is held to be
unenforceable, the rem ainder of [the] agreem ent shall rem ain in force and effect.” (Id. at 8). Thus, the
proposed agreem ent is not enforceable as a prospective waiver of Plaintiff’s FLSA rights but is due to be
approved in all other respects.
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modified herein and incorporated by reference in this Order.
2.
The parties’ Third Amended Joint Motion for Court Approval of Settlement,
Attorneys Fees and Costs (doc. 72) is GRANTED and the parties’ proposed Second
Amended Settlement Agreement and Release (doc. 72, Attachment) is APPROVED as
provided in this Order.
3.
The Clerk is directed to enter final judgment pursuant to the parties’
settlement agreement, dismissing the case with prejudice and closing the file;
4.
There will be no award of costs or attorneys’ fees, as those matters are dealt
with in the Second Amended Settlement Agreement and Release; and
5.
The Court retains jurisdiction to enforce the terms of the settlement
agreement consistent with this Order.
DONE and ORDERED this 21st day of April, 2014.
M. Casey Rodgers
M. CASEY RODGERS
CHIEF UNITED STATES DISTRICT JUDGE
Case No. 3:12cv245/MCR/EMT
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