Lainez-Lozada v. Cheung et al
ORDER approving settlement and DISMISSING CASE. The Court retains jurisdiction until 11/1/2011 to enforce the terms of the settlement. Signed by Magistrate Judge John J. O'Sullivan on 9/14/2011. (mkr)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No. 10-61528-CIV-O’SULLIVAN
LINTING FOOD SERVICES, INC.
d/b/a CHINA GARDEN RESTAURANT
and KIM WONG,
ORDER APPROVING SETTLEMENT AGREEMENT AND
DISMISSING CASE WITH PREJUDICE
THIS MATTER came before the Court following notice from the parties that the
case has settled 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, there is a bona fide legal dispute over whether the defendants meet
the $500,000 jurisdictional requirement of the FLSA and a factual issue as to whether
the plaintiff was in fact properly compensated when taking into account tips. 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 compromise reached by the parties is a fair and reasonable resolution of
the parties' bona fide disputes. Accordingly, it is
ORDERED AND ADJUDGED that the parties' Settlement Agreement (including
attorney’s fees and costs) is hereby APPROVED. It is further
ORDERED AND ADJUDGED that this case is DISMISSED WITH PREJUDICE.
The Court retains jurisdiction until Tuesday, November 1, 2011 to enforce the terms
of the settlement.
The Clerk of Court is directed to mark this case as CLOSED.
DONE AND ORDERED in Chambers at Miami, Florida this 14th day of
JOHN J. O’SULLIVAN
UNITED STATES MAGISTRATE JUDGE
All counsel of record
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