VILLEGAS v. FRUDECO LLC et al

Filing 10

ORDER approving settlement, granting 5 Joint MOTION for Settlement Approval filed by ROSELIN V. VILLEGAS, REPORT AND RECOMMENDATIONS Recommending that this case be dismissed with prejudice. (Objections to R&R due by 6/8/2021). Signed by Ch. Magistrate Judge John J. O'Sullivan on 6/7/2021. See attached document for full details. (mkr)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 21-20559-CIV-COOKE/O’SULLIVAN
ROSELIN V. VILLEGAS,
Plaintiff,
v.
FRUDECO LLC, KELLY MOSES, individually,
and YARDEN WEISS, individually,
Defendant.
______________________________/
ORDER APPROVING SETTLEMENT AGREEMENT AND
RECOMMENDING THAT THE CASE BE DISMISSED WITH PREJUDICE
THIS MATTER is before the Court pursuant to an Order of Reference entered by
the Honorable Marcia G. Cooke, United States District Judge, on the parties' Joint
Motion for Entry of Order Approving Settlement and Dismissing Case with
Prejudice(DE# 5, 5/11/21). See Order Referring Case to Magistrate Judge (DE# 6,
5/25/21).
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 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, the plaintiff is being properly compensated. A copy of the Settlement
Agreement and Release of FLSA Claims (DE# 5-1, 5/11/21) was docketed and the
terms of the settlement were discussed 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 agreement reached by the parties is a fair and reasonable resolution of the case.
Accordingly, it is
ORDERED AND ADJUDGED that the Joint Motion for Entry of Order Approving
Settlement and Dismissing Case with Prejudice(DE# 5, 5/11/21) is GRANTED. The
parties' settlement agreement (including attorney’s fees and costs) is hereby
APPROVED. It is further
RECOMMENDED and the parties agree that this case be dismissed with
prejudice.
The parties shall have one (1) day1 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);
1

The parties agreed to a shortened, one-day period for filing objections.
2

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 7th day of June,
2021.

JOHN J. O’SULLIVAN
CHIEF UNITED STATES MAGISTRATE JUDGE

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