Filing 28

ORDER approving settlement agreement and REPORT AND RECOMMENDATIONS recommending that the case and the 1 Complaint filed by CARLOS J. MARTIN be dismissed with prejudice with the Court to retain Jurisdiction until December 28, 2016, to enforce the terms of the settlement.( Objections to R&R due by 11/14/2016. Signed by Magistrate Judge John J. O'Sullivan on 10/26/2016. (tro)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 16-23743-CIV-ALTONAGA/O'SULLIVAN CARLOS J. MARTIN, Plaintiff, v. VILLA SERENA II INC., and ROXANA SOLANO, individually, 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. 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 December 28, 2016 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 26th 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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