Pascual et al v. TCW Events Group, LLC.

Filing 32

ORDER approving settlement, REPORT AND RECOMMENDATIONS, Recommending that the case be dismissed with prejudice and that the Court retain jurisdiction until 9/30/2011 to enforce the settlement terms.( Objections to R&R due by 7/18/2011). Signed by Magistrate Judge John J. O'Sullivan on 6/30/2011. (mkr)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 11-20916-CIV-LENARD/O'SULLIVAN
NOE PASCUAL, and MELVIN
MARTINEZ on their own behalves and
others similarly situated,
Plaintiffs,
vs.
TCW EVENTS GROUP, LLC., a Florida
company d/b/a B.E.D. MIAMI,
Defendant.
______________________________/
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 claims for unpaid minimum wage and 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 factual dispute over the number of hours worked
by each plaintiff. The Court has reviewed the terms of the settlement agreement
including the amount to be received by the plaintiffs 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 Friday, September 30, 2011 to enforce the terms of the
settlement.
DONE AND ORDERED, in Chambers, at Miami, Florida this 30th day of June,
2011.

JOHN J. O’SULLIVAN
UNITED STATES MAGISTRATE JUDGE
Copies furnished to:
U.S. District Judge Lenard
All counsel of record

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