Arocha v. Pulmonary Physicians of South Florida, LLC.

Filing 12

ORDER Approving Settlement Agreement and REPORT AND RECOMMENDATIONS re 1 Complaint, filed by Dalkis Arocha, recommends dismissal with prejudice and for the Court to retain jurisdiction until 7/19/2013 to enforce the terms of the Settlement Agreement. ( Objections to R&R due by 6/24/2013), Signed by Magistrate Judge John J. O'Sullivan on 6/5/2013. (mms)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 13-21650-CIV-LENARD/O'SULLIVAN
DALKIS AROCHA,
Plaintiff,
v.
PULMONARY PHYSICIANS OF
SOUTH FLORIDA, LLC,
Defendant.
/
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 legal dispute as to whether the plaintiff is
entitled to overtime compensation and a factual dispute as to the number of overtime
hours worked 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 July 19, 2013 to enforce the terms of the settlement.
DONE AND ORDERED in Chambers at Miami, Florida this 5th day of June,
2013.

JOHN J. O’SULLIVAN
UNITED STATES MAGISTRATE JUDGE
Copies provided to:
United States District Judge Lenard
All counsel of record

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