Dos Santos v. All Brazilian Import & Export, Inc. et al
Filing
22
ORDER approving settlement, REPORT AND RECOMMENDATIONS Recommending that the case be dismissed with prejudice and that the Court retain jurisdiction until 5/1/2018 to enforce the settlement terms.(Objections to R&R due by 11/29/2017). Signed by Magistrate Judge John J. O'Sullivan on 11/15/2017. (mkr)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 17-CV-61736-CIV-UNGARO/O’SULLIVAN
VANDERLEY DOS SANTOS,
Plaintiff,
v.
ALL BRAZILIAN IMPORT & EXPORT,
INC., a Florida company, and VALNEI
SANTOS, individually,
Defendants.
______________________________/
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
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 factual dispute over the number of hours, if any,
for which the plaintiff was not properly compensated and a factual and legal dispute
over whether the plaintiff is an independent contractor or an exempt employee. The
terms of the settlement were announced on the record in open Court. 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.1 It is further
RECOMMENDED that this case be dismissed with prejudice and that the Court
retain jurisdiction until May 1, 2018 to enforce the terms of the settlement.
DONE AND ORDERED in Chambers at Miami, Florida this 15th day of
November, 2017.
________________________________
JOHN J. O’SULLIVAN
UNITED STATES MAGISTRATE JUDGE
Copies provided to:
United States District Judge Ungaro
All counsel of record
1
At the November 15, 2017 fairness hearing, the parties consented to
magistrate judge jurisdiction for all future proceedings.
2
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