Aranda v. Southwest Transport, Inc. et al
Filing
54
ORDER APPROVING SETTLEMENT AGREEMENT AND DISMISSING CASE WITH PREJUDICE. Court retains jurisdiction until 8/9/13 to enforce terms of settlement. Signed by Magistrate Judge John J. O'Sullivan on 5/21/2012. (mms)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No. 11-21222-CIV-O’SULLIVAN
[CONSENT]
YOEL ARRANDA,
Plaintiffs,
v.
SOUTHWEST TRANSPORT, INC.,
and ROBERT J. MURIEDAS,
Defendants.
________________________________/
ORDER APPROVING SETTLEMENT AGREEMENT AND
DISMISSING WITH PREJUDICE
THIS MATTER came before the Court sua sponte following notice from the
parties that the case has settled 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 factual dispute over the number of hours worked
by the plaintiff. 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
ORDERED AND ADJUDGED that this case is DISMISSED WITH PREJUDICE.
The Court retains jurisdiction until, Tuesday, July 9, 2013 to enforce the terms of the
settlement.
DONE AND ORDERED in Chambers at Miami, Florida this 21st day of May,
2012.
JOHN J. O’SULLIVAN
UNITED STATES MAGISTRATE JUDGE
Copies furnished to:
All Counsel of Record
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