Alexander v. Hall, Ferguson and Hewitt Mortuary, P.A. et al

Filing 58

ORDER requiring parties to file settlement agreement for approval and joint stipulation of dismissal. Settlement agreement and stipulation due 12/21/2012. Signed by Judge Robin S. Rosenbaum on 12/11/2012. (bon)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 11-23138-CIV-ROSENBAUM/SELTZER

PETRA ALEXANDER,
Plaintiff,
v.
HALL, FERGUSON AND HEWITT
MORTUARY, P.A., and TONY E.
FERGUSON,
Defendants.
/
ORDER
This matter is before the Court upon a review of the case file. On December 11, 2012, the
Court received a Mediation Report indicating that the parties had reached a settlement of this matter.
D.E. 57. In light of the report, the Court hereby directs the parties to submit a stipulation for
dismissal within ten (10) calendar days of the date of this Order so that the case file may be closed.
If the parties would like the Court to retain jurisdiction for the limited purpose of enforcing the terms
of the settlement, they must make the settlement agreement contingent upon the Court’s retaining
jurisdiction.

See Anago Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272 (11th Cir. 2012).

Additionally, the parties shall expressly include notification to the Court in their Stipulation of
Dismissal that the dismissal of the action is contingent upon the Court retaining jurisdiction to
enforce the terms of the settlement agreement.
With respect to the claims that arise under the Fair Labor Standards Act, the parties are
directed to file their settlement agreement for judicial review and approval. See Lynn’s Food Stores,

Inc. v. United States, 679 F.2d 1350, 1352-53 (11th Cir. 1982) (any settlement, bargain, or other
compromise resolving an FLSA claim must either be presented to the Secretary of Labor or
scrutinized by the district court for fairness). The settlement agreement may not be filed under seal,
unless extraordinary circumstances exist. See Brown v. Advantage Eng’g Inc., 960 F.2d 1013, 1016
(11th Cir. 1992) (“Once a matter is brought before a court for resolution, it is no longer solely the
parties’ case, but also the public’s case. Absent a showing of extraordinary circumstances . . . the
court file must remain accessible to the public.”). The Court emphasizes that circumstances must
be truly extraordinary to justify keeping the agreement from the public court file under seal.
DONE and ORDERED at Fort Lauderdale, Florida, this 11th day of December 2012.

________________________________
ROBIN S. ROSENBAUM
UNITED STATES DISTRICT JUDGE
Copies to:
The Honorable Barry S. Seltzer
Counsel of record