Llano v. Veteran Transportation Service, Inc. et al

Filing 35

ORDER Approving Settlement Agreement and Recommending that the Case Be Dismissed with Prejudice and that the Court retain jurisdiction to enforce the terms of the settlement. See Order for details. ( Objections to R&R due by 11/10/2016) Signed by Magistrate Judge John J. O'Sullivan on 10/24/2016. (mms)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 16-23252-CIV-ALTONAGA/O'SULLIVAN
ARMANDO LLANO,
Plaintiff,
v.
VETERAN TRANSPORTATION
SERVICE, INC., et al.,
Defendants.
/
ORDER APPROVING SETTLEMENT AGREEMENT AND
RECOMMENDING THAT THE CASE BE DISMISSED WITH PREJUDICE
THIS MATTER came before the Court on a hearing concerning the parties’
settlement.
THE COURT has heard from counsel and has 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, if any. Additionally, there is a bona fide factual and legal
dispute as to whether the defendant’s revenue brings it within 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
RECOMMENDED that this case be dismissed with prejudice and that the Court
retain jurisdiction until March 23, 2017 to enforce the terms of the settlement. The
parties have consented to have Magistrate Judge John J. O’Sullivan resolve any further
matters regarding this case. It is further
RECOMMENDED that this case be DISMISSED WITH PREJUDICE.
DONE AND ORDERED in Chambers at Miami, Florida this 24th day of October,
2016.

JOHN J. O’SULLIVAN
UNITED STATES MAGISTRATE JUDGE

Copies provided to:
United States District Judge Altonaga
All counsel of record

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