AIA Management Services, LLC et al v. Advanced Medical Imaging & Teleradiology of NY P.C. et al
ORDER directing parties to file settlement agreement under seal by April 30, 2017. Please see Order for details. Signed by Magistrate Judge Barry S. Seltzer on 4/12/2017. (pb00)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 15-62270-CIV-COHN/SELTZER
AIA MANAGEMENT SERVICES, LLC,
ADVANCED MEDICAL IMAGING &
TELERADIOLOGY OF NY P.C., et al.,
THIS CAUSE is before the Court upon the Joint Stipulation of Dismissal With
Prejudice [DE 34] submitted by the parties upon settlement of the Plaintiffs’ claims.
Plaintiffs having asserted claims under the Fair Labor Standards Act (FLSA), 29 U.S.C.
§ 201, et seq., for unpaid overtime compensation, the Court is required to review the
settlement of those claims to determine that the settlement “is a fair and reasonable
resolution of a bona fide dispute over FLSA provisions.” Lynn’s Food Stores, Inc. v. United
States, 679 F.2d 1350, 1355 (11th Cir. 1982). This review is not optional and cannot be
waived by the parties. Id. at 1352-53. On its face, Lynn's Food suggests no exception to
judicial oversight of settlements when the employee receives all wages due. Silva v. Miller,
307 F. App'x 349, 351 (11th Cir. 2009).
The parties have failed to submit the settlement agreement for review. Without
review of the settlement agreement, this Court cannot dismiss the action. Accordingly, it
ORDERED AND ADJUDGED that the parties shall file under seal a copy of the
settlement agreement(s) between the parties, including releases and provisions for
payment of attorneys’ fees, on or before April 30, 2017.
DONE AND ORDERED in Chambers, Fort Lauderdale, Florida, this 12th day of
Copies furnished counsel via CM/ECF
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