Potter v. Zachariasz et al
ORDER approving settlement, REPORT AND RECOMMENDATIONS, recommending that the case be dismissed with prejudice and that the Court retain jurisdiction until March 8, 2013 to enforce the settlement terms.(Objections to R&R due by 2/11/2013). Signed by Magistrate Judge John J. O'Sullivan on 1/24/2013. (mkr)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 12-62363-CIV-LENARD/O'SULLIVAN
MELISSA ZACHARIASZ and
MED PRO BILLING, INC.,
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
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 plaintiff is an
exempt employee under the FLSA. 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
RECOMMENDED that this case be dismissed with prejudice and that the Court
retain jurisdiction until March 8, 2013 to enforce the terms of the settlement.
DONE AND ORDERED in Chambers at Miami, Florida this 24th day of January,
JOHN J. O’SULLIVAN
UNITED STATES MAGISTRATE JUDGE
Copies provided to:
United States District Judge Lenard
All counsel of record
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