Lazo v. West Coast Trucking Corp. et al

Filing 53

ORDER approving settlement and DISMISSING CASE with prejudice. The Court retains jurisdiction until 11/13/2017 to enforce the terms of thesettlement. Closing Case. Motions terminated: 45 Joint MOTION to Continue INITIAL PLANNING AND SCHEDULI NG CONFERENCE re 44 Order Reopening Case, Set/Reset Deadlines/Hearings, Set Answer Due Deadline,,, filed by George Laurence Lazo. Signed by Magistrate Judge John J. O'Sullivan on 10/3/2017. (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. 17-21165-CIV-O’SULLIVAN
[CONSENT]
GEORGE LAURENCE LAZO,
Plaintiff,
v.
WEST COAST TRUCKING CORP.
and MANUEL QUINTERO,
Defendants.
______________________________/
ORDER APPROVING SETTLEMENT AGREEMENT AND
DISMISSING CASE WITH PREJUDICE
THIS MATTER came before the Court following notice 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 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 any FLSA
exemptions apply. 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' 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 November 13, 2017 to enforce the terms of the
settlement.
The Clerk of Court is directed to mark this case as CLOSED.
DONE AND ORDERED in Chambers at Miami, Florida this 3rd day of
October, 2017.

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

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