Opinion
CASE NO. 6:09-cv-1979-ORL-35GJK.
July 7, 2010
ORDER OF APPROVAL OF SETTLEMENT AND DISMISSAL WITH PREJUDICE
THIS CAUSE comes before the Court for consideration of the parties' Joint Motion for Approval of Settlement Agreement as Stipulated Final Judgment. (Dkt. 9) The parties request that the Court approve the parties' proposed settlement of the Fair Labor Standards Act ("FLSA") claim and dismiss this case with prejudice.
An FLSA claim can be settled and resolved in two ways. First, an employee may settle and waive claims under the FLSA if the payment of unpaid wages by the employer to the employee is supervised by the Secretary of Labor. 29 U.S.C. § 216(c); Lynn's Food Stores, Inc. v. U.S., 679 F.2d 1350, 1353 (11th Cir. 1982). Second, an employee may settle and waive claims under the FLSA if the parties present to a district court a proposed settlement agreement and the district court enters a judgment approving the settlement. Lynn's Food Stores, Inc., 679 F.2d at 1353. To approve the settlement, the district court must determine whether the settlement agreement is a "fair and reasonable resolution of a bona fide dispute" of the FLSA issues. Id. at 1354-55.
Plaintiff Charlie Irizarry, a/k/a Charlie Irizarry Lopez, claimed he was owed $4,279.24 in unpaid wages for uncompensated overtime work he performed as a security guard or security officer, $4,279.24 in liquidated damages, Plaintiff's costs, and Plaintiff's attorney's fees. (Dkt. 1 at ¶ 26) In his Complaint, Plaintiff alleges that, during the period of time between October 10, 2008 to September 17, 2009, he worked approximately fifty weeks, forty-four of which he worked overtime. (Dkt. 1 at ¶¶ 20-21) During negotiation discussions, Plaintiff and Defendants both recalculated the amount of overtime Plaintiff worked during the relevant time period and revised the amount of damages Plaintiff would be owed if he prevailed at trial. (Dkt. 9 at 5) After engaging in good faith settlement negotiations, the parties agree that $6,859.38 is a fair and reasonable settlement of Plaintiff's claims. The parties have also agreed that $675.00 is a fair and accurate representation of Plaintiff's costs. (Dkt. 9, Ex. A)
Under the proposed settlement agreement, Plaintiff's counsel will receive a total of $3,498.00 in attorney's fees concerning Plaintiff's FLSA claims. (Dkt. 9, Ex. A)
All of the foregoing totals have been calculated based on the structured payment escrow method to which the parties have agreed. (Dkt. 9, Ex. A) Defendants shall, jointly and severally, make twelve payments to Plaintiff. The payments will be made out to "CPLS, P.A. Escrow Account," and sent to CPLS P.A. at 201 E. Pine Street, Suite 445, Orlando, FL 32801. (Dkt. 9, Ex. A)
The first payment, in the amount of $1,132.38, will be made thirty (30) days after dismissal of Plaintiff's FLSA claim for unpaid overtime wages (Docket 6:09-cv-01979). Under the settlement agreement, $457.38 of the initial payment represents unpaid wages, unpaid overtime, and/or liquidated damages. The remaining $675.00 represents the Plaintiff's costs. (Dkt. 9, Ex. A)
The remaining eleven payments are structured so that every thirty (30) days after the initial payment, $900.00 will be paid to Plaintiffs. As stipulated in the settlement agreement, $582.00 of the $900.00 represents unpaid wages, unpaid overtime, and/or liquidated damages. The remaining $318.00 represents Plaintiff's attorneys' fees. (Dkt. 9, Ex. A)
Upon review and consideration, the Court finds that the parties' proposed Settlement Agreement is fair and reasonable. Accordingly, it is ORDERED that:
1. The parties' Joint Motion (Dkt. 9) is GRANTED. The settlement is APPROVED by the Court;
2. This case is DISMISSED WITH PREJUDICE. Each party shall bear its own legal fees and costs, except as specified in the parties' settlement agreement. No retainer agreement between Plaintiff and counsel shall override or alter the amount of settlement proceeds due to Plaintiff in accordance with the terms of the settlement agreement as approved by this Order; and
3. The CLERK is directed to terminate any pending motions and CLOSE this case.DONE and ORDERED in Orlando, Florida.