ORTEGA v. CARE RESPONSE HOME HEALTH AGENCY CORP. et al
Filing
24
ORDER APPROVING SETTLEMENT AGREEMENT AND RECOMMENDING THAT CASE BE DISMISSED WITH PREJUDICE re 1 Complaint, filed by MARIA ORTEGA ( Objections to R&R due by 11/19/2012) Signed by Magistrate Judge John J. O'Sullivan on 11/2/2012. (mms)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 12-23089-CIV-LENARD/O'SULLIVAN
MARIA ORTEGA, and others similarly
situated,
Plaintiff,
v.
CARE RESPONSE HOME HEALTH
AGENCY CORP., et al
Defendants.
______________________________/
ORDER APPROVING SETTLEMENT AGREEMENT AND
RECOMMENDING THAT THE CASE BE DISMISSED WITH PREJUDICE
THIS MATTER came before the Court sua sponte 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 Agreements, 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 as to whether the plaintiff was
compensated for all overtime work performed 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
RECOMMENDED that this case be dismissed with prejudice that the Court retain
jurisdiction until January 3, 2013 to enforce the terms of the settlement.
DONE AND ORDERED in Chambers at Miami, Florida this 2nd day of
November, 2012.
________________________________
JOHN J. O’SULLIVAN
UNITED STATES MAGISTRATE JUDGE
Copies provided to:
United States District Judge Lenard
All counsel of record
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?