Opinion
CASE NO. 14-23058-CIV-ALTONAGA/O'SULLIVAN
11-04-2014
JENNA MENDEZ, Plaintiff, v. CITY OF SWEETWATER POLICE DEPARTMENT, Defendant.
ORDER APPROVING SETTLEMENT AGREEMENT AND RECOMMENDING THAT THE CASE BE DISMISSED WITH PREJUDICE UPON APPROVAL OF THE SETTLEMENT BY THE CITY OF SWEETWATER
THIS MATTER came before the Court following a settlement conference before the undersigned and the Court having 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). 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, there is a bona fide factual dispute over the number of hours worked by the plaintiff that were not already compensated by the defendant. 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 compromise reached by the parties 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
ORDERED AND ADJUDGED that by November 19, 2014, the defendant shall file a notice with the Court indicating the City of Sweetwater's approval of the settlement agreement. It is further
RECOMMENDED that this case be dismissed with prejudice upon the approval of the settlement by the City of Sweetwater.
DONE AND ORDERED in Chambers at Miami, Florida this 4th day of November, 2014.
/s/_________
JOHN J. O'SULLIVAN
UNITED STATES MAGISTRATE JUDGE
Copies provided to:
United States District Judge Altonaga
All counsel of record