ADLER v. GARDENS ON THE BAY OWNERS ASSOCIATION, INC. et al

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)

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