Madden v. Cape Coral Bingo, Inc.

Full title: CAROLE MADDEN, SHERRI HARRIS, TERESA S. HANEY, GRACE E. MADDEN, GREGORY…

Court: United States District Court, M.D. Florida, Fort Myers Division

Date published: Apr 21, 2010

Case No. 2:09-cv-693-FtM-36SPC (M.D. Fla. Apr. 21, 2010)

Opinion

Case No. 2:09-cv-693-FtM-36SPC.

April 21, 2010

REPORT AND RECOMMENDATION

SHERI CHAPPELL, Magistrate Judge

TO THE UNITED STATES DISTRICT COURT

This matter comes before the Court on the Joint Motion for In Camera Review of Confidential Settlement Agreement and For Approval of Proposed Settlement filed on April 12, 2010. The parties filed the Joint Motion indicating a settlement has been reached regarding the Plaintiff's claims. The Motion indicated the parties agreed to the confidentiality terms of the settlement and wish to have these terms remain confidential. The Motion and Settlement Agreement has been presented to the Court, and the Court will review the Settlement in camera.

This case was brought under the Fair Labor Standards Act (FLSA) 29 U.S.C. § 201 et. seq. The Parties have reached a settlement agreement and seek court approval of that agreement. In Lynn's Food Stores, Inc. v. United States, 679 F.2d 1350, 1352-1355 (11th Cir. 1982), the Eleventh Circuit explained that claims for back wages under the FLSA may only be settled or compromised when the Department of Labor supervises the payment of back wages or when the district court enters a stipulated judgment "after scrutinizing the settlement for fairness."

In the Joint Motion for Approval of Settlement Agreement, the Parties provide that a settlement of a bona fide good faith dispute was negotiated and is deemed fair and reasonable. Further, the parties settled the issue of attorney's fees independent of the Plaintiff's claim and in seriatim, consistent with Bonetti. The Court, having thoroughly reviewed the settlement documentation, concludes that the settlement is a fair and reasonable resolution of a bona fide dispute over the FLSA.

Accordingly, it is now

RECOMMENDED:

The Joint Motion for In Camera Review of Confidential Settlement Agreement and For Approval of Proposed Settlement should be GRANTED and the settlement agreement should be APPROVED by the District Court. It is further respectfully recommended the case should be DISMISSED with Prejudice pursuant to the agreement of the Parties and the Clerk should be directed to close the file.

Failure to file written objections to the proposed findings and recommendations contained in this report within fourteen (14) days from the date of its filing shall bar an aggrieved party from attacking the factual findings on appeal.

Respectfully recommended at Fort Myers, Florida.