Castaneda v. Eco Cleaners, LLC et al

Filing 41

ORDER approving settlement agreement and DISMISSING CASE with prejudice. Signed by Judge James I. Cohn on 4/26/2012. (awe)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 11-62566-CIV-COHN/SELTZER MARIA CASTANEDA, on her own behalf and others similarly situated, Plaintiff, v. ECO CLEANERS, LLC, a Florida limited liability company, SHANNON YOUNG, individually, and ROBERT YOUNG, individually, Defendants. _______________________________________/ ORDER OF DISMISSAL WITH PREJUDICE THIS CAUSE is before the Court upon the Joint Stipulation to Approve the Parties’ Settlement Agreement [DE 40]. The Court has considered the stipulation and the record in this case, and is otherwise fully advised in the premises. The Stipulation requests that the Court dismiss this case with prejudice, and states, “Plaintiff represents and acknowledges payment in full for all of her claims, including her claim for overtime pay, liquidated damages, and attorney’s fees and costs. As such, the resolution of this matter does not constitute a ‘compromise’ which would involve Court review and/or approval pursuant to Lynn’s Food Stores v. United States, 679 F.2d 1350 (11th Cir. 1982).” Stip. at 1 (citing MacKenzie v. Kindred Hosps. E., L.L.C., 276 F. Supp. 2d 1211, 1217 (M.D. Fla. 2003)). Nonetheless, in an abundance of caution, the Court has conducted an in camera review of the Confidential Agreement and Mutual General Release, the Court concludes that the agreement is fair and reasonable in accordance with Lynn’s Food Stores v. United States, 679 F.2d 1350, 1353 (11th Cir. 1982). Accordingly, it is hereby ORDERED AND ADJUDGED as follows: 1. The Confidential Agreement and Mutual General Release is APPROVED; 2. All claims in the above-captioned action are DISMISSED with prejudice; 3. The Court retains jurisdiction to enforce the terms of the parties’ settlement; 4. Any pending motions are DENIED as moot, and the Clerk of Court is directed to CLOSE this case. DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida, on this 26th day of April, 2012. Copies provided to: Counsel of record via CM/ECF Pro se parties via CM/ECF regular mail 2

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