Valencia v. NOA Investments, LLC et al

Filing 9

ORDER APPROVING SETTLEMENT AGREEMENT. Signed by Magistrate Judge Andrea M. Simonton on 7/28/2014. (par)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO: 14-22047-CIV-WIILIAMS/SIMONTON
JOVAN VALENCIA,
Plaintiff,
v.
NOA INVESTMENTS, LLC,
and LEVIN DE GRAZIA,
Defendants.
/
ORDER APPROVING SETTLEMENT AGREEMENT
This matter is before the Court upon the Plaintiffs’ Notice of Settlement and
Request for Approval, ECF No. [8]. The Honorable Kathleen M. Williams, United States
District Judge, has referred this matter to the undersigned Magistrate Judge for purposes
of determining whether the settlement reached in this matter is a fair and reasonable
resolution to a bona fide dispute, ECF No. [5].
This matter involves claims by Plaintiff Jovan Valencia against Defendants Noa
Investments, LLC and Levin De Grazia for alleged minimum wage and overtime
violations of the Fair Labor Standards Act, 29 U.S.C. §§ 201 et seq. (“FLSA”). After the
Parties reached a settlement in the matter, ECF No. [7], the Parties submitted a Notice of
Settlement and Request for Approval, ECF No. [8]. The Parties have also filed a copy of
the Settlement, General Release and Non-Disclosure Agreement to the Court for review,
ECF No. [8-1].
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 settlements of
litigation. Id. at 1354.
The undersigned has reviewed the Settlement Agreement submitted by the Parties
to determine whether the settlement reached in this matter is a fair and reasonable
resolution to the Parties’ dispute. In so doing, the undesigned has considered the
allegations in the Complaint, ECF No. [1], the Plaintiff’s Statement of Claim, ECF No. [6],
and the terms of the Settlement Agreement, ECF No. [8-1], as well as the pertinent
portions of the record, and is otherwise fully advised in the premises. Based thereon, the
undersigned finds that the settlement reached by the Parties is a fair and reasonable
resolution of the Parties' bona fide dispute. In addition, the Court finds the amount of the
attorney’s fees recovered by Plaintiff’s attorney pursuant to the Settlement Agreement to
be fair and reasonable. The Settlement Agreement requires payment be made within ten
business days of court approval of the Agreement, and that a joint stipulation of
dismissal be filed within three business days thereafter.
Accordingly, it is hereby
ORDERED AND ADJUDGED that the terms of the Settlement Agreement are
APPROVED.
DONE AND ORDERED at Miami, Florida, this 28th day of July, 2014.

________________________________
ANDREA M. SIMONTON
UNITED STATES MAGISTRATE JUDGE

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Copies furnished to:
The Honorable Kathleen M. Williams, United States District Judge
All counsel of record via CM/ECF

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