Duhart v. GFive, LLC

Filing 63

ORDER granting 62 Joint MOTION for Settlement filed by Shanrika Duhart, cancelling Fairness hearing, approving settlement, DISMISSING CASE with prejudice, retaining jurisidiction until 7/1/2019 to enforce the settlement terms and closing case. Signed by Magistrate Judge John J. O'Sullivan on 9/21/2018. See attached document for full details. (mkr) Modified text on 9/21/2018 (wc).

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 17-24334-CIV-O’SULLIVAN
[CONSENT]
SHANRIKA DUHART,
Plaintiff,
v.
PUPPY MANAGEMENT, INC.,
Defendant.
______________________________/
ORDER APPROVING SETTLEMENT AGREEMENT AND
DISMISSING CASE WITH PREJUDICE
THIS MATTER is before the Court on the Joint Motion for Approval of Settlement
Agreement and for Dismissal with Prejudice (DE# 62, 9/20/18) filed by the parties.
This case involve claims for unpaid wages and 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 worked
by the plaintiff, if any, for which she was not properly paid and a factual and legal

dispute over whether the plaintiff was an independent contractor. The Settlement
Agreement (DE# 62-2, 9/20/18) was filed with the 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 case.
Accordingly, it is
ORDERED AND ADJUDGED that Joint Motion for Approval of Settlement
Agreement and for Dismissal with Prejudice (DE# 62, 9/20/18) is GRANTED. The
parties' Settlement Agreement (including attorney’s fees and costs) is hereby
APPROVED. It is further
ORDERED AND ADJUDGED that the fairness hearing previously set for
October 1, 2018 is CANCELLED. It is further
ORDERED AND ADJUDGED that this case is DISMISSED WITH PREJUDICE.
The Court retains jurisdiction until Monday, July 1, 2019 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 21st day of
September, 2018.

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

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