Golatt et al v. Liability Solutions, Inc. et al

Filing 18

ORDER approving settlement agreement. Signed by Magistrate Judge John J. O'Sullivan on 2/4/2008.(lc3)

Golatt et al v. Liability Solutions, Inc. et al

Doc. 18

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO . 07-22408-CIV-GRAHAM/O'SULLIVAN CURTISS GOLATT and TERANCE ACOFF, PlaintiffS, vs. LIABILITY SOULUTIONS, INC., a Florida for-profit corporation and PETER TANSEY III, Defendants. ______________________________/ ORDER APPROVING SETTLEMENT AGREEMENT THIS MATTER came before the Court sua sponte 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 is an action for unpaid wages 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

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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 dispute over FLSA provisions, as evidenced by the claims alleged in the complaint. The Court finds that the compromise reached by the parties under the terms of the Settlement Agreement is a fair and reasonable resolution of the parties' bona fide disputes. Accordingly, it is ORDERED AND ADJUDGED that the parties' Settlement Agreement is hereby APPROVED. DONE AND ORDERED in Chambers at Miami, Florida this 4th day of February, 2008.

________________________________ JOHN J. O'SULLIVAN UNITED STATES MAGISTRATE JUDGE

Copies provided to: United States District Judge Graham All counsel of record

Copy mailed by Chambers to: Peter Tansey 3303 Grand Avenue, Suite 210 Miami, Florida 33133

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