Melchor-Garcia et al v. Dong Ying Corp. et al

Filing 38

ORDER approving settlement between plaintiff Quiling Liang and defendants Dong Le Corporation and Yongqui Chen, REPORT AND RECOMMENDATIONS recommending that the Court retain jurisdiction over these two defendants until 11/15/2012 to enforce the terms of the settlement.( Objections to R&R due by 10/12/2012). Signed by Magistrate Judge John J. O'Sullivan on 9/25/2012. (mkr)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 12-22217-CIV-LENARD/O'SULLIVAN
JOSE DAVID MELCHOR-GARCIA, OSCAR
MODESTO CASTRO MARQUEZ, QUI LAN
LIN, QUILING LIANG, CHIN-CHUEH CHANG,
and all other similarly situated under 29 U.S.C.
216(B),
Plaintiffs,
v.
DONG YING CORP. d/b/a
SHINJU JAPANESE BUFFET, DONG LE
CORPORATION d/b/a SHINJU JAPANESE
BUFFET, HUI LI, and YONGQUI CHEN,
Defendants.
______________________________/
ORDER APPROVING SETTLEMENT AGREEMENT AND
RECOMMENDING THAT THE CASE BE DISMISSED WITH PREJUDICE AS
DEFENDANTS DONG LE CORPORATION AND YONGQUI CHEN
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 claim 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 as to the number of hours plaintiff
Quiling Liang claims she was not compensated and a legal dispute as to whether the tip
credit applies to this plaintiff. The Court has reviewed the terms of the settlement agreement
including the amount to be received by plaintiff Quiling Liang 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 settlement agreement (including attorney’s
fees and costs) between plaintiff Quiling Liang and defendants Dong Le Corporation and
Yongqui Chen is hereby APPROVED.1 It is further
RECOMMENDED that this case be dismissed with prejudice as to defendants Dong
Le Corporation and Yongqui Chen and that the Court retain jurisdiction over these
defendants until November 15, 2012 to enforce the terms of the settlement.
DONE AND ORDERED in Chambers at Miami, Florida this 25th day of
September, 2012.
_________________________________
JOHN J. O’SULLIVAN
UNITED STATES MAGISTRATE JUDGE
Copies provided to:
United States District Judge Lenard
All counsel of record

1

Plaintiff Quiling Liang’s claims against defendants Dong Ying Corporation and Hui Li
are not affected by this settlement and Quiling Liang will remain as a plaintiff against these two
defendants.

2