Simili v. Blue Knights Protective Services, Inc. et al

Filing 26

ORDER approving settlement and DISMISSING CASE Closing Case. Motions terminated: 23 MOTION for Extension of Time to File Joint Pretrial Stipulation filed by Eduardo Simili. Signed by Magistrate Judge John J. O'Sullivan on 9/10 /2015. (mkr) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No. 14-23650-CIV-O’SULLIVAN
[CONSENT]
EDUARDO SIMILI,
Plaintiff,
v.
BLUE KNIGHTS PROTECTIVE
SERVICES, INC., et al.,
Defendants.
/
ORDER APPROVING SETTLEMENT AND CLOSING CASE
THIS MATTER came before the Court for a hearing after the parties filed their
Notice of Settlement. (DE# 24, 9/8/15).
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, there is a bona fide 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 and the Court will retain jurisdiction
until November 10, 2015 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 10th day of
September, 2015.

___________________________________
JOHN J. O'SULLIVAN
UNITED STATES MAGISTRATE JUDGE

Copies provided:
All counsel on record

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