Opinion
CASE NO. 09-20985-CIV-O'SULLIVAN [CONSENT].
June 9, 2009
ORDER APPROVING SETTLEMENT AGREEMENT AND CLOSING CASE
THIS MATTER came before the Court following notice from the parties that the case has settled and the Court having conducted a hearing concerning the settlement.
The parties have consented to magistrate judge jurisdiction for all further proceedings including the approval of the settlement and dismissal of the case. See Referral to Magistrate For Final Disposition (DE# 10, 6/5/09).
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 will be fully compensated for his overtime claim. The Court finds that the agreement reached by the parties, including the fees and costs to be received by the plaintiff's counsel, is fair and reasonable. Accordingly, it is
ORDERED AND ADJUDGED that the parties' settlement is hereby APPROVED. It is further
ORDERED AND ADJUDGED that this case is DISMISSED WITH PREJUDICE. The Court will retain jurisdiction until July 9, 2009 to enforce the agreement.
The Clerk of Court is directed to mark this case as CLOSED. DONE AND ORDERED in chambers at Miami, Florida.