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Gutierrez v. Cinemex USA Real Estate Holdings, Inc., 17-cv-23311-KMM. (2018)

Court: District Court, N.D. Florida Number: infdco20180524780 Visitors: 12
Filed: May 18, 2018
Latest Update: May 18, 2018
Summary: ORDER GRANTING JOINT MOTION FOR SETTLEMENT APPROVAL JOHN J. O'SULLIVAN , Magistrate Judge . THIS CAUSE has come before the Court upon the Parties' Joint Motion to Approve Non-Compromised FLSA Settlement, and the Court has reviewed the Parties' Motion, settlement agreement and the Court file. This case involves claims for unpaid minimum and overtime wage compensation under the Fair Labor Standards Act, 29 U.S.C. 201, et seq ("FLSA"). In reviewing a settlement of an FLSA private claim,
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ORDER GRANTING JOINT MOTION FOR SETTLEMENT APPROVAL

THIS CAUSE has come before the Court upon the Parties' Joint Motion to Approve Non-Compromised FLSA Settlement, and the Court has reviewed the Parties' Motion, settlement agreement and the Court file.

This case involves claims for unpaid minimum and overtime wage 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, 1`352-53 (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.

All Parties have been represented by counsel during the negotiation process and the Parties agree, based on the scope of the claims, the disputed legal and factual issues relating to their claims and defenses, and the costs of continued litigation, that the settlement represents a fair and reasonable resolution of Plaintiff's claims.

The Court has heard from has heard from counseled reviewed the terms of the Settlement Agreement including the amount to be received by Plaintiff and the attorney's fees and costs to be received by counsel and finds that the settlement reached by the parties is fair and reasonable. Accordingly, it is ORDERED and ADJUDGED:

1. That the Parties' Settlement Agreement is APPROVED. 2. The case is dismissed with prejudice. 3. This Court retains jurisdiction until July 6, 2018 to enforce the terms of the Parties' settlement.
Source:  Leagle

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