Filing 37

ORDER approving settlement, REPORT AND RECOMMENDATIONS recommending that the Court STAY all pending deadlines and DISMISS the case with prejudice on or after 7/26/2017 with the Court retaining jurisdiction until 8/8/2017 ( Objections to R&R due by 7/12/2017). Signed by Magistrate Judge John J. O'Sullivan on 6/28/2017. (mkr)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 17-21544-CIV-UNGARO/O'SULLIVAN RAMON MANUEL ADLER a/k/a RAMON MANUEL ADLER ADAY, and others similarly situated under 29 U.S.C. 216(b) Plaintiff, v. GARDENS ON THE BAY OWNERS ASSOCIATION, INC., MARTA ALVAREZ, and JULIE M. GONZALEZ, Defendants. ______________________________/ ORDER APPROVING SETTLEMENT AGREEMENT AND RECOMMENDING THAT THE CASE BE DISMISSED WITH PREJUDICE THIS MATTER came before the Court following a settlement conference before the undersigned 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 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 dispute over the number of overtime hours, if any, the plaintiff worked as well as whether there were any uncompensated minimum wage hours. 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 all pending deadlines be STAYED and that the case be dismissed with prejudice on or after July 26, 2017 with the Court retaining jurisdiction until August 28, 2017 to enforce the terms of the settlement.1 DONE AND ORDERED in Chambers at Miami, Florida this 28th day of June, 2017. ________________________________ JOHN J. O’SULLIVAN UNITED STATES MAGISTRATE JUDGE Copies provided to: United States District Judge Ungaro All counsel of record 1 At the June 28, 2017 fairness hearing, the parties consented to magistrate judge jurisdiction for enforcement proceedings only. 2

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