Diaz v. Miami Perfume Junction, Inc. et al

Filing 24

ORDER Approving Settlement Agreement. Signed by Magistrate Judge Andrea M. Simonton on 5/17/2011. (mmn)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 11-20536-CIV-AMS
CONSENT CASE
HILDA MAIQUEZ DIAZ,
Plaintiff,
v.
MIAMI PERFUME JUNCTION, INC.,
and ANAND CHOWDHURY,
Defendants.
/
ORDER APPROVING SETTLEMENT AGREEMENT
This matter came before the Court upon the parties’ notification during the
Settlement Conference on May 10, 2011, that this matter had settled. Thereafter, the
Court held a hearing to confirm the terms of the settlement agreement and to determine
whether the settlement reached by the parties was fair and reasonable. This matter has
been referred to the undersigned Magistrate Judge for final disposition based on the
consent of the parties (DE # 23).
The Court has considered the terms of the settlement agreement and the pertinent
portions of the record, and is otherwise fully advised in the premises. This case involves
claims for overtime and minimum wage compensation under the Fair Labor Standards
Act, 29 U.S.C. §§ 201 to 219 ("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.
In this case, there is a bona fide dispute over FLSA provisions, as evidenced by
the claims alleged in the Complaint filed by Plaintiff and the Answer and Affirmative
Defenses filed by Defendants. The Court finds that the compromise reached by the
parties under 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. All pending motions are denied as moot. It is further
ORDERED AND ADJUDGED that the payment due under the terms of the
parties’ settlement agreement shall be paid on or before May 23, 2011, after the parties
have signed the settlement agreement. It is further
ORDERED AND ADJUDGED that a motion to dismiss this matter shall be filed
with the Court on or before May 25, 2011, at which time the Court will issue a Final Order
of Dismissal. If the motion to dismiss is not timely filed, this matter will be dismissed
without prejudice.
DONE AND ORDERED in chambers in Miami, Florida, on May 17, 2011.

_____________________________________
ANDREA M. SIMONTON
UNITED STATES MAGISTRATE JUDGE
Copies provided to:
All counsel of record via CM/ECF

-2-