Bain v. David L. Galbut,M.D. & Associates, PLLC et al

Filing 21

ORDER granting the Joint Motion for Approval of FLSA Settlement and Joint Stipulation for Dismissal with Prejudice (DE# 14, 5/20/21) and recommending dismissal with prejudice. Signed by Ch. Magistrate Judge John J. O'Sullivan on 6/4/2021. See attached document for full details. (tro)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 21-20110-CIV-COOKE/O'SULLIVAN
JOANA BAIN,
Plaintiff,
v.
DAVID L. GALBUT, M.D. & ASSOCIATES, PLLC,
and DAVID L. GALBUT,
Defendants.
_______________________________________/
ORDER APPROVING SETTLEMENT AGREEMENT AND
RECOMMENDING THAT THE CASE BE DISMISSED WITH PREJUDICE
THIS MATTER is before the Court pursuant to the Joint Motion for Approval of
FLSA Settlement and Joint Stipulation for Dismissal with Prejudice (DE# 14, 5/20/21).
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 FLSA case involves disputed issues regarding the plaintiff’s claimed
overtime wages. 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.

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. The undersigned finds that to make the compromise reached by the parties
fair and reasonable, the plaintiff’s counsel shall transfer an additional $400.00 of the
legal fees outlined in the Settlement Agreement to the plaintiff. After the transfer of the
$400.00 of legal fees to the plaintiff, the plaintiff will be fully compensated for wages and
liquidated damages. Accordingly, it is
ORDERED AND ADJUDGED that the Joint Motion for Approval of FLSA
Settlement and Joint Stipulation for Dismissal with Prejudice (DE# 14, 5/20/21) is
GRANTED in accordance with this Order. The parties' settlement agreement, with the
addition of the transfer by the plaintiff’s attorney to the plaintiff of $400.00 of counsel’s
legal fees, is hereby APPROVED. It is further
RECOMMENDED that this case be dismissed with prejudice and that the Court
retain jurisdiction until July 19, 2021, to enforce the terms of the settlement.
The parties shall have one (1) day from the date of receipt of this Report and
Recommendation within which to serve and file written objections, if any, with the
Honorable Marcia G. Cooke, United States District Court Judge. Failure to file
objections timely shall bar the parties from a de novo determination by the District
Judge of an issue covered in the Report and shall bar the parties from attacking on
appeal unobjected-to factual and legal conclusions contained in the Report except upon
grounds of plain error if necessary in the interest of justice. See 28 U.S.C § 636(b)(1);
Harrigan v. Metro Dade Police Dep't Station #4, 977 F.3d 1185, 1191-1192 (11th Cir.
2020); Thomas v. Arn, 474 U.S. 140, 149 (1985); Henley v. Johnson, 885 F.2d 790, 794

(11th Cir. 1989); 11th Cir. R. 3-1 (2016).
DONE AND ORDERED, in Chambers, at Miami, Florida this 4th day of June,
2021.

JOHN J. O’SULLIVAN
CHIEF UNITED STATES MAGISTRATE JUDGE