Filed: Dec. 09, 2016
Latest Update: Dec. 09, 2016
Summary: ORDER VIRGINIA M. HERNANDEZ COVINGTON , District Judge . This matter is before the Court pursuant to the parties' Joint Motion for Approval of Settlement and for Dismissal of Action with Prejudice (Doc. # 22), which was filed on December 9, 2016. The Court grants the Motion. I. Background Plaintiff filed this Fair Labor Standards Act case against his employer on September 12, 2016. (Doc. # 1). On October 12, 2016, the Court issued its FLSA Scheduling Order (Doc. # 7) and Order referr
Summary: ORDER VIRGINIA M. HERNANDEZ COVINGTON , District Judge . This matter is before the Court pursuant to the parties' Joint Motion for Approval of Settlement and for Dismissal of Action with Prejudice (Doc. # 22), which was filed on December 9, 2016. The Court grants the Motion. I. Background Plaintiff filed this Fair Labor Standards Act case against his employer on September 12, 2016. (Doc. # 1). On October 12, 2016, the Court issued its FLSA Scheduling Order (Doc. # 7) and Order referri..
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ORDER
VIRGINIA M. HERNANDEZ COVINGTON, District Judge.
This matter is before the Court pursuant to the parties' Joint Motion for Approval of Settlement and for Dismissal of Action with Prejudice (Doc. # 22), which was filed on December 9, 2016. The Court grants the Motion.
I. Background
Plaintiff filed this Fair Labor Standards Act case against his employer on September 12, 2016. (Doc. # 1). On October 12, 2016, the Court issued its FLSA Scheduling Order (Doc. # 7) and Order referring the case to mediation. (Doc. # 8). Defendant filed its Answer and Affirmative Defenses on October 24, 2016. (Doc. # 11). On December 1, 2016, the parties reached a mediated settlement. (Doc. # 20). At the Court's direction, the parties jointly seek Court approval of the settlement. (Doc. # 22).
II. Analysis
Plaintiff alleges that Defendant violated the overtime provisions of the Fair Labor Standards Act. Accordingly, any settlement reached between the parties is subject to judicial scrutiny. See Lynn's Food Stores, Inc. v. United States, 679 F.2d 1350, 1353 (11th Cir. 1982). The parties have reached a settlement wherein it is agreed that Plaintiff will receive $5,000.00 representing unpaid wages, liquidated damages, and other damages. It has also been agreed that Plaintiff's counsel will receive $5,510.00 in attorney's fees and costs.
In the Motion, the parties represent that the attorney's fees to be paid to counsel were negotiated separately and without regard to the amount to be paid to Plaintiff for alleged FLSA violations. (Doc. # 22 at 2). Pursuant to Bonetti v. Embarq Management Company, 715 F.Supp.2d 1222, 1228 (M.D. Fla. 2009) and other governing law, the Court approves the compromise reached by the parties in an effort to amicably settle this case.1 The settlement is fair on its face and represents a reasonable compromise of the parties' dispute.
Accordingly, it is
ORDERED, ADJUDGED, and DECREED:
(1) The parties' Joint Motion for Approval of Settlement and for Dismissal of Action with Prejudice (Doc. # 22) is GRANTED.
(2) The parties' settlement is approved. This case is DISMISSED WITH PREJUDICE.
(3) The Clerk is directed to CLOSE THE CASE.
DONE and ORDERED.