Fernandez et al v. Genesis Jungles, LLC et al
ORDER approving settlement agreement and dismissing defendant Harry Nelson with prejudice. Signed by Magistrate Judge John J. O'Sullivan on 8/17/2017. (mkr)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 17-21584-CIV-O’SULLIVAN
RUDI PEREZ FERNANDEZ,
ESTREMERA and ABDIEL MENDOZA
GENESIS JUNGLES LLC,
BARBARA MEDINA and
ORDER APPROVING SETTLEMENT AGREEMENT1 AND
DISMISSING DEFENDANT HARRY NELSON WITH PREJUDICE
THIS MATTER came before the Court following a settlement conference 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
The Settlement Agreement is between the plaintiffs and defendant Harry
Nelson. The Settlement Agreement does not include the other defendants who have
been defaulted and did not participate in the settlement conference.
(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 total number of hours
for which the plaintiffs have not been properly compensated, if any, and a factual and
legal dispute as to whether Mr. Nelson is an employer under the FLSA. 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
plaintiffs 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 defendant Harry Nelson is DISMISSED WITH
PREJUDICE. The Court retains jurisdiction until September 18, 2017 to enforce the
terms of the settlement.
DONE AND ORDERED in Chambers at Miami, Florida this 17th day of August,
JOHN J. O’SULLIVAN
UNITED STATES MAGISTRATE JUDGE
Copies provided to:
All counsel of record
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