Diaz v. JT Logistics Consultans Corp et al

Filing 28

ORDER approving settlement agreement and REPORT AND RECOMMENDATIONS to dismiss case with prejudice and retain jurisdiction until June 23, 2011 to enforce the terms of settlement( Objections to R&R due by 6/3/2011). Signed by Magistrate Judge John J. O'Sullivan on 5/16/2011. (mms)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 11-CIV-20532-LENARD/O'SULLIVAN
HILDA MAIQUEZ DIAZ, and
all others similarly situated under
29 U.S.C. 216(B),
Plaintiff,
v.
JT LOGISTICS CONSULTANS CORP.,
doing business as
JT LOGISTICS CONSULTANTS CORP.,
and JULIAN TORO, 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 legal dispute over whether enterprise coverage
exists and a factual dispute surrounding the amount of overtime worked. 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 June 23, 2011 to enforce the terms of the settlement.
DONE AND ORDERED in Chambers at Miami, Florida this 16th day of March,
2011.

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

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