Manas v. Somir Healthcare Transportation Inc. et al

Filing 36

ORDER Setting Telephonic Fairness Hearing for Tuesday, July 12, 2011 at 3:00 p.m. before Magistrate Judge Andrea M. Simonton. Signed by Magistrate Judge Andrea M. Simonton on 7/1/2011. (mmn)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 11-20023-CIV-SEITZ/SIMONTON
JOSE MANAS, and others
similarly situated,
Plaintiff,
v.
SOMIR HEALTHCARE
TRANSPORTATION, INC. and
NORMA L. FLORES,
Defendants.
/
ORDER SETTING TELEPHONIC FAIRNESS HEARING
ON FLSA SETTLEMENT
THIS MATTER came before the Court upon the Mediator’s Report indicating that
an agreement had been reached in the case (DE # 34). The Honorable Patricia A. Seitz,
United States District Judge, has referred this case to United States Magistrate Judge
Andrea M. Simonton to conduct a fairness hearing (DE # 35).
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’s Food Stores, Inc. 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 settlements of litigation. Id. at 1354.

Therefore, it is hereby
ORDERED that the matter is set for a telephonic fairness hearing on the
Settlement Agreement for Tuesday, July 12, 2011 at 3:00 p.m. Plaintiff is to initiate the
telephonic hearing by placing a conference call to the chambers of the undersigned
Magistrate Judge (305-523-5930) with all parties on the line.
If any party has a conflict regarding the date or time of the hearing, that party
shall coordinate with the other parties to find proposed alternative available dates for the
hearing. This can be accomplished via a conference call to the chambers of the
undersigned Magistrate Judge. If the parties cannot agree, the party seeking to change
the date shall file a motion with the Court.
DONE AND ORDERED in chambers in Miami, Florida, on July 1, 2011.

________________________________
ANDREA M. SIMONTON
UNITED STATES MAGISTRATE JUDGE

2