CUIK v. WOODGRAIN MILLWORK, INC.

Filing 48

ORDER granting 45 Joint Motion for Dismissal with Prejudice and Approval of Confidential Settlement Agreement Via a Telephonic Fairness Hearing. Order approves settlement agreement and dismisses the case with prejudice. The Court will retain jurisdiction until November 14, 2017 to enforce the terms of the settlement. Signed by Magistrate Judge John J. O'Sullivan on 9/27/2017. (mms)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 17-21003-CIV-O’SULLIVAN
[CONSENT]
GEORGE CUIK,
Plaintiff,
v.
WOODGRAIN MILLWORK, INC.,
Defendant.
/
ORDER APPROVING SETTLEMENT AGREEMENT AND
DISMISSING CASE WITH PREJUDICE
THIS MATTER came before the Court on the parties’ Joint Motion for Dismissal
with Prejudice and Approval of Confidential Settlement Agreement Via a Telephonic
Fairness Hearing (DE# 45, 9/25/17). The Court 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 claims 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 and legal dispute over the number of
hours, if any, for which the plaintiff was not properly compensated and whether the
applicable pay rate should have been half time or time and one half. The terms of the
settlement were announced on the record in open Court. 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’ Joint Motion for Dismissal with
Prejudice and Approval of Confidential Settlement Agreement Via a Telephonic
Fairness Hearing (DE# 45, 9/25/17) is GRANTED. 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 and that
the Court retain jurisdiction until November 14, 2017 to enforce the terms of the
settlement.
DONE AND ORDERED in Chambers at Miami, Florida this 27th day of
September, 2017.

JOHN J. O’SULLIVAN
UNITED STATES MAGISTRATE JUDGE
Copies provided to:
All counsel of record
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