Rivera et al v. Distrivalto U.S.A, Inc. et al
Filing
30
ORDER approving settlement agreement and DISMISSING CASE with prejudice. The Court retains jurisdiction until August 15, 2014 to enforce the terms of the settlement. Signed by Magistrate Judge John J. O'Sullivan on 7/2/2014. (mkr)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 14-CIV-21196-O'SULLIVAN
[CONSENT]
MARIA ALEJANDRA RIVERA, BETTY
E. VERDECIA, JOSE DELGADO,
and ANIBAL A. EQUITE,
on behalf of themselves and all
Others similarly situated,
Plaintiffs,
vs.
DISTRIVALTO U.S.A., INC. and VANESSA
VALERA a/k/a VANESSA VALERA-NOLTE,
individually,
Defendants.
______________________________/
ORDER APPROVING SETTLEMENT AGREEMENT AND
DISMISSING CASE WITH PREJUDICE
THIS MATTER came before the Court following notice from the parties that the
case has settled 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 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, three of the four plaintiffs are being compensated in full for all
alleged owed wages plus liquidated damages and there is a bona fide factual dispute
as to whether the fourth plaintiff was an exempt employee. 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
ORDERED AND ADJUDGED that this case is DISMISSED WITH PREJUDICE.
The Court retains jurisdiction until August 15, 2014 to enforce the terms of the
settlement.
The Clerk of Court is directed to mark this case as CLOSED.
DONE AND ORDERED in chambers at Miami, Florida this 2nd day of July,
2014.
________________________________
JOHN J. O’SULLIVAN
UNITED STATES MAGISTRATE JUDGE
Copies provided to:
All parties of record
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