Opinion
CASE NO. 10-61211-CIV-SEITZ/O'SULLIVAN.
September 15, 2010
ORDER APPROVING SETTLEMENT AGREEMENT AND RECOMMENDING DISMISSAL WITH PREJUDICE
THIS MATTER came before the Court following a settlement conference before the undersigned and the Court 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 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).
The Court finds that the compromise reached by the parties under the terms of the Settlement Agreement 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 the case be DISMISSED with prejudice and that the Court retain jurisdiction for 30 days to enforce the terms of the settlement.
DONE AND ORDERED in Chambers at Miami, Florida.