Fernandez v. Beldor Group LLC et al

Filing 15

ORDER Approving Settlement Agreement and Recommending that the Case Be Dismissed with Prejudice re 1 Complaint, filed by Maria Fidelina Fernandez, and Recommending that the Court retain jurisdiction until 11/20/2017 to enforce the terms of the settlement. ( Objections to R&R due by 10/4/2017) Signed by Magistrate Judge John J. O'Sullivan on 9/20/2017. (mms)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 17-22760-CIV-UNGARO/O'SULLIVAN
MARIA FIDELINA FERNANDEZ,
Plaintiff,
v.
BELDOR GROUP LLC d/b/a
MIB SURGERY and ABEL BELLO,
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 hours, if any,
for which the plaintiff was not properly compensated. Additionally, there is a bona fide
factual and legal dispute over whether the defendants are subject to 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 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 this case be dismissed with prejudice and that the Court1
retain jurisdiction until November 20, 2017 to enforce the terms of the settlement.
DONE AND ORDERED in Chambers at Miami, Florida this 20th day of
September, 2017.

JOHN J. O’SULLIVAN
UNITED STATES MAGISTRATE JUDGE
Copies provided to:
United States District Judge Ungaro
All counsel of record

1

The parties consented to Magistrate Judge jurisdiction to enforce the terms of
the settlement agreement.
2