King v. Amazon.com.dedc, LLC
Filing
27
ORDER approving settlement, REPORT AND RECOMMENDATIONS re 26 Settlement Conference, Recommending that the case be dismissed with prejudice and that the Court retain jurisdiction until 8/30/2018 to enforce the settlement agreement.( Objections to R&R due by 7/12/2018). Signed by Magistrate Judge John J. O'Sullivan on 6/28/2018. (mkr)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 18-21464-CIV-LENARD/O'SULLIVAN
MICHAEL JOSIAH KING,
Plaintiff,
v.
AMAZON.COM.DEDC, LLC,
a Foreign Limited Liability Company,
Defendant.
ORDER APPROVING SETTLEMENT AGREEMENT AND
RECOMMENDING THAT THE CASE BE DISMISSED WITH PREJUDICE
THIS MATTER came before the Court following a settlementconference 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 under the Fair Labor Standards Act,
29 U.S.C. ยง 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." kl The
district court may approve the settlement in order to promote the policy of encouraging
settlement of litigation.
kl at 1354.
In this case, there is a bona fide factual dispute over whether the plaintiff received
all wages that were owed to him. 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 Court
retain jurisdiction until August 30, 2018 to enforce the terms of the settlement.
DONE AND ORDERED in Chambers at Miamt. Fl
2018 ..
Copies provided to: ,
United States District Judge Lenard
All counsel of record
2
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