Arginzones v. Rincon Criollo Restaurant and Cafeteria Inc., et al

Filing 28

ORDER approving settlement, REPORT AND RECOMMENDATIONS Recommending that the case be dismissed with prejudice and that the Court retain jurisdiction until 11/21/2018 to enforce the settlement agreement. (Objections to R&R due by 10/5/2018). Signed by Magistrate Judge John J. O'Sullivan on 9/21/2018. See attached document for full details. (mkr)

Case 1:18-cv-22599-UU Document 28 Entered on FLSD Docket 09/21/2018 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 18-22599-CIV-UNGARO/O’SULLIVAN
ANA ROSA ALFONSO AGRINZONES,
Plaintiff,
v.
RINCON CRIOLLO RESTAURANT
AND CAFETERIA INC.,
ANTONIO J GONZALEZ and
BARBARA GONZALEZ,
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

Case 1:18-cv-22599-UU Document 28 Entered on FLSD Docket 09/21/2018 Page 2 of 2

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. 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 November 21, 2018 to enforce the terms of the settlement.1
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:
United States District Judge Ungaro
All counsel of record

1

At the September 21, 2018 fairness hearing, the parties consented to
magistrate judge jurisdiction for all further proceedings including any enforcement
motions.
2