Hernandez et al v. E and M Bakery, Inc.

Filing 16

ORDER approving settlement as to plaintiff Maritza Zaldivar, REPORT AND RECOMMENDATIONS, Recommending that the case be dismissed with prejudice as to plaintiff Maritza Zaldivar and that the Court retain jurisdiction until 12/5/2011 to enforce the settlement terms.( Objections to R&R due by 11/10/2011). Signed by Magistrate Judge John J. O'Sullivan on 10/24/2011. (mkr)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 11-23012-CIV-LENARD/O'SULLIVAN
MARIO RAMON HERNANDEZ,
MARITZA ZALDIVAR,
Plaintiffs,
v.
E and M BAKERY, INC., doing business as
La Sorpresa Catering, ERASMO F. MARTINEZ,
Defendants.
______________________________/
ORDER APPROVING SETTLEMENT AGREEMENT AND
RECOMMENDING THAT THE CASE BE DISMISSED WITH PREJUDICE AS TO THE
CLAIMS OF PLAINTIFF MARITZA ZALDIVAR ONLY1
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 minimum wage 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

1

The parties did not settle the claims of plaintiff Mario Ramon Hernandez.

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 amount of money that
plaintiff Maritza Zaldivar was paid for each week. The Court has reviewed the terms of
the settlement agreement including the amount to be received by plaintiff Maritza
Zaldivar 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 as to plaintiff
Maritza Zaldivar only and that the Court retain jurisdiction until December 5, 2011 to
enforce the terms of the settlement.
DONE AND ORDERED in Chambers at Miami, Florida this 24th day of October,
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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