Gomez v. Diverse Home Care Services, Inc. et al
ORDER approving settlement, REPORT AND RECOMMENDATIONS re 19 Settlement Conference, Recommending that the case be dismissed with prejudice and that the Court retain jurisdiction until 12/30/2020 to enforce the settlement terms.(Objections to R&R due by 11/30/2020). Signed by Ch. Magistrate Judge John J. O'Sullivan on 11/16/2020. See attached document for full details. (mkr)
Case 1:20-cv-23545-UU Document 20 Entered on FLSD Docket 11/16/2020 Page 1 of 2
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 20-cv-23545-CIV-UNGARO/O’SULLIVAN
DIVERSE HOME CARE SERVICES, INC.
a/k/a DIVERSE MEDICAL GROUP, INC.,
a Florida corporation, and LEYSI
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
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
Case 1:20-cv-23545-UU Document 20 Entered on FLSD Docket 11/16/2020 Page 2 of 2
order to promote the policy of encouraging settlement of litigation. Id. at 1354.
In this case, there is a bona fide factual and legal dispute over whether the
plaintiff was an exempt employee and a factual dispute over the number of hours over
forty, 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 December 30, 2020 to enforce the terms of the settlement.
DONE AND ORDERED in Chambers at Miami, Florida, this 16th day of
JOHN J. O'SULLIVAN
CHIEF UNITED STATES MAGISTRATE JUDGE
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