Gonzalez v. Transcorr, LLC
Filing
28
ORDER approving settlement and DISMISSING CASE with prejudice. The Court retains jurisdiction until 9/4/2018 to enforce the terms of the settlement. Closing Case. Signed by Magistrate Judge John J. O'Sullivan on 7/20/2018. See attached document for full details. (mkr)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 18-21485-CIV-O’SULLIVAN
[CONSENT]
ALBERTO GONZALEZ and
FRANCISCO CASAS,
Plaintiff,
v.
TRANSCORR, LLC, an Indiana
Domestic Liability Company,
Defendant.
______________________________/
ORDER APPROVING SETTLEMENT AGREEMENT AND
DISMISSING CASE WITH PREJUDICE
THIS MATTER came before the Court 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, both plaintiffs are being fully compensated for their claims. 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 each plaintiff and the attorney’s fees and costs to be received by counsel and finds
that the agreement 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 this case is DISMISSED WITH PREJUDICE.
The Court retains jurisdiction until September 4, 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 20th day of July,
2018.
________________________________
JOHN J. O’SULLIVAN
UNITED STATES MAGISTRATE JUDGE
Copies provided to:
All counsel of record
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