Robles et al v. RFJD Holding Co., Inc. et al
ORDER Approving Offer of Judgment in FLSA Case. Please see Order for details. Signed by Judge Robin S. Rosenbaum on 6/26/2013. (bon)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 11-62069-CIV-ROSENBAUM/SELTZER
NESTOR ROBLES, JOVANNI ULLOA,
and CLAUDIA VAZQUEZ,
RFJD HOLDING CO., INC., d/b/a Emmaculate
Reflections, and GERALD DONATH,
ORDER APPROVING OFFER OF JUDGMENT IN FLSA CASE
This matter is before the Court upon Plaintiffs’ acceptance of Defendants’ Offer of
Judgment pursuant to Federal Rule of Civil Procedure 68 [D.E. 97]. The Court has considered
the filing and the pertinent portions of the record and is otherwise fully advised in the premises.
On September 20, 2011, Plaintiffs Robles and Ulloa sued Defendants for violations of the
Fair Labor Standards Act, 29 U.S.C. § 201, et seq. (“FLSA”). D.E. 1. On November 23, 2011,
Plaintiff Vazquez joined the suit against Defendants for violations of the FLSA. D.E. 9. On
June 17, 2013, Defendants made Plaintiffs a timely offer of judgment pursuant to Rule 68. See
D.E. 97-1. The next day, June 18, 2013, Plaintiffs notified the Court of their acceptance of
Defendants’ offer. D.E. 97.
Because this is a suit brought to recover unpaid wages under FLSA, the Court has an
independent duty to review the terms of Defendants’ offer of judgment and the Plaintiffs’
acceptance of it. Lynn’s Food Stores v. United States, 679 F.2d 1350, 1353 (11th Cir. 1982); see
also Kingsley v. Noonan, 2012 WL 5378743, at *1 (M.D. Fla. Oct. 31, 2012); Dowell v. KIDZ R
4 UZ, Inc., 2009 WL 113284 (M.D. Fla. Jan. 16, 2009) (finding that the acceptance of a Rule 68
offer of judgment in a FLSA case does not relieve the court of the duty to make the fairness
finding required by Lynn’s Food).
In the instant case, on June 17, 2013, Defendants offered to allow judgment to be entered
against them in favor of Plaintiffs Robles and Ulloa in the amounts of $16,224.00, each, plus
costs and attorney’s fees and in favor of Plaintiff Vazquez in the amount of $797.50 plus costs
and attorney’s fees. D.E. 97-1. By serving an offer of judgment on Plaintiffs, Defendants, using
Plaintiffs’ estimations of damages obtained through discovery, determined that the offered
amounts plus costs and attorney’s fees were sufficient to cover any and all claims by Plaintiffs
against Defendants for any and all unpaid minimum wages, overtime wages, liquidated damages,
costs, and attorney’s fees while still reserving their right to appeal the summary-judgment order
issued by the Court on June 3, 2013.
The Court finds that this offer and acceptance of judgment constitutes a fair and
reasonable resolution of a bona fide dispute between these parties under FLSA provisions. See
Lynn’s Food Stores, 679 F.2d at 1354. The judgment is to be entered without prejudice to
Defendants’ right to appeal the summary-judgment order entered by this Court on June 3, 2013.
Accordingly, it is ORDERED AND ADJUDGED that Plaintiffs’ acceptance of Defendants’
Offer of Judgment pursuant to Federal Rule of Civil Procedure 68 [D.E. 97] is APPROVED.
The Court will separately enter its Final Judgment in accordance with this Order.
DONE AND ORDERED in Fort Lauderdale, Florida, this 26th day of June 2013.
ROBIN S. ROSENBAUM
UNITED STATES DISTRICT JUDGE
Counsel of Record
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