BROWN v. UNITED STATES ASSOCIATION OF CDC, INC. et al

Filing 39

ORDER approving settlement, REPORT AND RECOMMENDATIONS Recommending that the case be dismissed with prejudice and that the Court retain jurisdiction until 3/15/2017 to enforce the settlement terms.(Objections to R&R due by 9/1/2016). Signed by Magistrate Judge John J. O'Sullivan on 8/15/2016. (mkr)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 16-21807-CIV-ALTONAGA/O’SULLIVAN
GEORGE P. BROWN,
Plaintiff,
v.
UNITED STATES ASSOCIATION OF
CDC, INC., WC WH LLC, OSER
VENTURE INC., GEORGE HOWARD
and PETER BURGESS,
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 the parties 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 minimum wage and 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 over the number of hours, if any,
for which the plaintiff was not properly paid and a legal dispute concerning who
employed 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. It is further
RECOMMENDED that this case be dismissed with prejudice and that the Court
retain jurisdiction until March 15, 2017 to enforce the terms of the settlement.1
DONE AND ORDERED in Chambers at Miami, Florida this 15th day of August,
2016.

________________________________
JOHN J. O’SULLIVAN
UNITED STATES MAGISTRATE JUDGE
Copies provided to:
United States District Judge Altonaga
All counsel of record

1

At the August 15, 2016 fairness hearing, the parties consented to magistrate
judge jurisdiction for all further proceedings including any enforcement motions.
2