BOUZA et al v. CROWN GLOBAL SERVICES CORPORATION et al

Filing 34

ORDER approving settlement, REPORT AND RECOMMENDATIONS, Recommending that the case be dismissed with prejudice as to all defendants except Tarik King and that the Court retain jurisdiction to enforce this settlement until 3/19/2014.( Objections to R&R due by 1/27/2014). Signed by Magistrate Judge John J. O'Sullivan on 1/8/2014. (mkr) Modified text per Chambers on 1/8/2014 (sk).

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 13-23683-CIV-HUCK/O'SULLIVAN
LEANDRO BOUZA, EDDY HERNANDEZ,
ERIQUE MONTEJO, RAUL M. RIVAS,
and other similarly-situated individuals,
Plaintiff,
v.
CROWN GLOBAL SERVICES CORPORATION,
SINAPSIS TRADING U.S.A., LLC d/b/a
TRUESTAR GROUP S.P.A., TARIK KING,
JORGE L. GONZALEZ, individually,
GIUSEPPE SGOVIO, individually,
CRISTINA TALIN, individually,
Defendants.
___________________________________/
ORDER APPROVING SETTLEMENT AGREEMENT AND
RECOMMENDING THAT THE CASE BE DISMISSED WITH PREJUDICE
AS TO ALL DEFENDANTS EXCEPT TARIK KING1
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

1

This settlement does not include defendant Tarik King.

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 over the number of hours worked by
the plaintiffs and a factual dispute as to whether there was any retaliation. The Court has
reviewed the terms of the settlement agreement including the amount to be received by
each 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 as to all defendants
with the exception of Tarik King. As to the dismissed defendants, the undersigned
RECOMMENDS that the Court retain jurisdiction until Wednesday, March 19, 2014 to
enforce the settlement terms.2
DONE AND ORDERED in Chambers at Miami, Florida this 8th day of January,
2014.
________________________________
JOHN J. O’SULLIVAN
UNITED STATES MAGISTRATE JUDGE
Copies provided to:
United States District Judge Huck
All counsel of record

2

At the January 8, 2014 fairness hearing, the parties consented to magistrate judge
jurisdiction for all further proceedings related to this settlement, including any enforcement
motions.

2