Pastore v. Broward County et al

Filing 18

ORDER approving settlement subject to the approval of the Broward County Board of Commissioners, REPORT AND RECOMMENDATIONS Recommending that once the Broward County Board of Commissioners approves the settlement, that the case be dismissed with prej udice and that the court retain jurisdiction to enforce the settlement terms 30 days thereafter. The Defendants shall file a notice with the Court re: approval by the Broward County Board of Commissioners by 5/4/2010( Objections to R&R due by 4/29/2010). Signed by Magistrate Judge John J. O'Sullivan on 4/12/2010. (mkr)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO . 10-60105-CIV-SEITZ/O'SULLIVAN PHYLLIS PASTORE, Plaintiff, vs. BROW ARD COUNTY and ROSE MARIE SEEKAMP, individually, Defendants. ______________________________/ ORDER APPROVING SETTLEMENT AGREEMENT AND RECOMMENDING THAT THE CASE BE DISMISSED WITH PREJUDICE THIS MATTER came before the Court following a settlement conference before the undersigned and the Court having conducted a hearing concerning the settlement. THE COURT has heard from counsel and considered the terms of the Settlement Agreement, the pertinent portions of the record, and is otherwise fully advised in the premises. This case involves a claim for unpaid overtime compensation under the Fair Labor Standards Act, 29 U.S.C. §201, et seq ("FLSA"). In reviewing a settlement of an FLSA private claim, a court must "scrutiniz[e] the settlement for fairness," and determine that the settlement is a "fair and reasonable resolution of a bona fide dispute over FLSA provisions." Lynn Food Stores v. United States, 679 F.2d 1350, 1352-53 (11th Cir. 1982). A settlement entered into in an adversarial context where both sides are represented by counsel throughout litigation "is more likely to reflect a reasonable compromise of disputed issues." Id. The district court may approve the settlement in

order to promote the policy of encouraging settlement of litigation. Id. at 1354. In this case, the plaintiff, PHYLLIS PASTORE,1 is being compensated in full for the amount of overtime worked and liquidated damages. The Court has reviewed the terms of the Settlement Agreement including the amount to be received by the plaintiff and the attorney's fees and costs to be received by counsel and finds that the settlement reached by the parties is a fair and reasonable resolution of the case. Accordingly, it is ORDERED AND ADJUDGED that the parties' Settlement Agreement (including attorney's fees and costs) is hereby APPROVED subject to the approval of the settlement by the Broward County Board of Commissioners. It is further ORDERED AND ADJUDGED that on or before Tuesday, May 4, 2010, the defendants shall file a notice with Court advising whether the Broward County Board of Commissioners has approved the settlement with Ms. Pastore. It is further RECOMMENDED that, after the defendants have provided the Court with notice concerning the approval of the settlement by the Broward County Board of Commissioners, this case be dismissed with prejudice as to the claims of PHYLLIS PASTORE and that the Court retain jurisdiction for thirty days after the dismissal of this case to enforce the terms of the settlement. DONE AND ORDERED in Chambers at Miami, Florida this 12th day of April, 2010. ________________________________ JOHN J. O'SULLIVAN UNITED STATES MAGISTRATE JUDGE Copies provided to: United States District Judge Seitz All counsel of record
1

The case did not settle as to the remaining plaintiffs. 2