Moore v. E.A.P. Management Corp. et al
Filing
34
ORDER approving settlement and DISMISSING CASE with prejudice. The Court retains jurisdiction until 2/9/2012 to enforce the settlement terms. Signed by Magistrate Judge John J. O'Sullivan on 12/8/2011. (mkr)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 11-22891-CIV-O'SULLIVAN
[CONSENT CASE]
DAVID MOORE,
Plaintiff,
v.
E.A.P. MANAGEMENT CORP., a Florida
corporation d/b/a KENTUCKY FRIED CHICKEN,
and ROTEM RODRIG,
Defendant.
______________________________/
ORDER APPROVING SETTLEMENT AGREEMENT AND
DISMISSING CASE 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 claims for retaliation and 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 dispute over the number of hours worked by the
plaintiff and whether the plaintiff’s loss of employment was due to retaliation. 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 February 9, 2012 to enforce the terms of the
settlement
The Clerk of Court is directed to mark this case as CLOSED.
DONE AND ORDERED in Chambers at Miami, Florida, this 8th day of
December, 2011.
___________________________________
JOHN J. O'SULLIVAN
UNITED STATES MAGISTRATE JUDGE
Copies provided:
All counsel on record
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