Helmick v. Community Asphalt Corp.

Filing 42

ORDER approving, REPORT AND RECOMMENDATIONS Recommending that the Court dismiss the case with prejudice and retain jurisdiction until 11/1/2010 to enforce the settlement terms.(Objections to R&R due by 10/14/2010). Signed by Magistrate Judge John J. O'Sullivan on 9/27/2010. (mkr)

Helmick v. Community Asphalt Corp.

Doc. 42

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 10-20168-CIV-SEITZ/O'SULLIVAN TIMOTHY S. HELMICK, Plaintiff, vs. COMMUNITY ASPHALT CORP., Defendant. ______________________________/ ORDER APPROVING SETTLEMENT AGREEMENT AND RECOMMENDING THAT THE CASE BE DISMISSED WITH PREJUDICE THIS MATTER came before the Court following notice that the parties have reached a 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.

Dockets.Justia.com

In this case, there are factual disputes concerning the plaintiff's relation claim and the plaintiff is being fully compensated for the amount of overtime worked and is receiving full liquidated damages. 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 settlement reached by the parties is a fair and reasonable resolution of the case. 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 Monday, November 1, 2010 to enforce the terms of the settlement. DONE AND ORDERED in chambers at Miami, Florida this 27th day of September, 2010. ________________________________ JOHN J. O'SULLIVAN UNITED STATES MAGISTRATE JUDGE Copies provided to: United States District Judge Seitz All counsel of record

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