Reyes v. Estrellita, Inc. et al

Filing 35

ORDER approving settlement, REPORT AND RECOMMENDATIONS Recommending that the case be dismissed with prejudice and that the Court retain jurisdiction until 1/12/2018 to enforce the settlement terms. (Objections to R&R due by 12/12/2017). Signed by Magistrate Judge John J. O'Sullivan on 11/28/2017. (mkr)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 17-61801-CIV-UNGARO/O’SULLIVAN
DINA REYES,
Plaintiff,
v.
ESTRELLITA, INC., et al.,
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 claims for minimum wage and 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 factual and legal dispute over whether the plaintiff
was an 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. It is further
RECOMMENDED that this case be dismissed with prejudice and that the Court
retain jurisdiction until January 12, 2018 to enforce the terms of the settlement.
DONE AND ORDERED in Chambers at Miami, Florida this 28th day of
November, 2017.

________________________________
JOHN J. O’SULLIVAN
UNITED STATES MAGISTRATE JUDGE
Copies provided to:
United States District Judge Ungaro
All counsel of record

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