Perera, Jr. v. American Bancshares Mortgage, LLC et al
ORDER approving settlement, DISMISSING CASE with prejudice and retaining jurisdiction until 6/9/2017 to enforce the settlement terms. Closing Case. Motions terminated: 50 MOTION Motion to Specially Set Jury Trial filed by American Bancshares Mortgage, LLC, John A. Cosculluela. Signed by Magistrate Judge John J. O'Sullivan on 4/18/2017. (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. 16-22291-CIV-O’SULLIVAN
JORGE FELIX PERERA, JR.,
AMERICAN BANCSHARES MORTGAGE,
LLC and JOHN A. COSCULLUELA,
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 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 legal dispute over whether the plaintiff was an
exempt employee under the FLSA. 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 Friday, June 9, 2017 to enforce the terms of the
The Clerk of Court is directed to mark this case as CLOSED.
DONE AND ORDERED in Chambers at Miami, Florida this 18th day of April,
JOHN J. O’SULLIVAN
UNITED STATES MAGISTRATE JUDGE
All counsel of record
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