Davis et al v. Milanezza, LLC et al

Filing 19

ORDER approving settlement agreement between the defendants and the plaintiffs Juliana Delancey Trivino & Barbara Lisbetty Rodriguez Rojas, REPORT AND RECOMMENDATIONS Recommending dismissing the case with prejudice as to the plaintiffs Juliana Dela ncey Trivino & Barbara Lisbetty Rodriguez Rojas and retaining jurisdiction over the case as to the plaintiffs Juliana Delancey Trivino & Barbara Lisbetty Rodriguez Rojas until May 15, 2014.( Objections to R&R due by 4/21/2014). Signed by Magistrate Judge John J. O'Sullivan on 4/3/2014. (tro)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 14-20521-CIV-LENARD/O'SULLIVAN
SOLEY DAVIS, et al,
Plaintiffs,
v.
MILANEZZA, LLC; MAXIMILIANO D.
WAICMAN, MARCOS MORENO,
Defendants.
______________________________/
ORDER APPROVING SETTLEMENT AGREEMENT AND
RECOMMENDING THAT THE CASE BE DISMISSED WITH PREJUDICE
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 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 dispute over FLSA provisions, as evidenced by
the claims alleged and defenses alleged in the pleadings. The Court has reviewed the
terms of the settlement agreement including the amount to be received by the plaintiffs
Juliana Delancey Trivino and Barbara Lisbetty Rodriguez Rojas and the costs to be
received by counsel and finds that the compromise reached by Juliana Delancey
Trivino and Barbara Lisbetty Rodriguez Rojas and the defendants is a fair and
reasonable resolution of the parties' bona fide disputes. Accordingly, it is
ORDERED AND ADJUDGED that the settlement agreement between Juliana
Delancey Trivino and Barbara Lisbetty Rodriguez Rojas and the defendants (including
costs) is hereby APPROVED. It is further
RECOMMENDED that this case be dismissed with prejudice as to Juliana
Delancey Trivino and Barbara Lisbetty Rodriguez Rojas and that the Court retain
jurisdiction until May 15, 2014 to enforce the terms of the settlement.
DONE AND ORDERED, in Chambers, at Miami, Florida this 3rd day of April,
2014.

JOHN J. O’SULLIVAN
UNITED STATES MAGISTRATE JUDGE
Copies furnished to:
U.S. District Judge Lenard
All counsel of record