Pena et al v. Superior Storm Solutions, Inc. et al
Filing
36
ORDER granting 29 Joint MOTION for Settlement, approving settlement, DISMISSING CASE with prejudice and retaining jurisdiction until 5/22/2018 to enforce the settlement terms. Closing Case. Signed by Magistrate Judge John J. O'Sullivan on 3/27/2018. (mkr) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 17-24616-CIV-O’SULLIVAN
[CONSENT]
GEORGE PENA,
Plaintiff,
v.
SUPERIOR STORM SOLUTIONS, INC.
d/b/a Superior Storm Solutions and
JORGE RIOS, an individual,
Defendants.
______________________________/
ORDER APPROVING SETTLEMENT AGREEMENT AND
DISMISSING CASE WITH PREJUDICE
THIS MATTER came before the following notice from the parties that the case
has settled 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
(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 are bona fide disputes over the statute of limitations, whether
the plaintiff was an independent contractor and whether this was a time-and-a-half or
half-time case. The Settlement Agreement 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
parties' bona fide disputes. Accordingly, it is
ORDERED AND ADJUDGED that the Joint Motion to Approve Settlement and to
Dismiss Claims Against Defendants with Prejudice (DE# 29, 3/16/18) is GRANTED. The
parties' Settlement Agreement (including attorney’s fees and costs) is hereby
APPROVED. It is further
ORDERED AND ADJUDGED that this case is DISMISSED WITH PREJUDICE.
The Court retains jurisdiction until May 22, 2018 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 27th day of March,
2018.
________________________________
JOHN J. O’SULLIVAN
UNITED STATES MAGISTRATE JUDGE
Copies provided to:
All counsel of record
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