Facts
- Shericia Campbell filed a case against Mid-Florida Pathology, LLC., Strategic Business Outsourcing, LLC., Oleksandr Onushko, and Gilmar Tadioto, alleging violations under the Fair Labor Standards Act (FLSA) [lines=“21-29”].
- The parties engaged in mediation and reported that they settled the case [lines=“32-33”].
- The court ordered the parties to file a motion for settlement approval by December 20, 2024 [lines=“41-42”].
- The motion for settlement approval must include a copy of a fully executed settlement agreement [lines=“46”].
- The parties are required to explain the claimed wages, any compromises made, and details on attorney’s fees and costs [lines=“48-54”].
Issues
- Whether the proposed settlement complies with the requirements established in Lynn’s Food Stores, Inc. v. United States regarding FLSA cases [lines=“44-45”].
- Whether the provisions included in the settlement agreement, such as releases or confidentiality clauses, affect the reasonableness and fairness of the settlement [lines=“55-58”].
Holdings
- The parties must adhere to the FLSA requirements for settlement approval and provide necessary documentation as stipulated by the court [lines=“44-46”].
- The adequacy of any additional terms in the settlement, such as confidentiality or release provisions, must be justified to ensure they do not adversely affect the settlement's fairness [lines=“55-58”].
OPINION
Case Information
*1 Case 6:23-cv-02362-LHP Document 78 Filed 11/21/24 Page 1 of 2 PageID 669 U NITED S TATES D ISTRICT C OURT M IDDLE D ISTRICT O F F LORIDA O RLANDO D IVISION SHERICIA CAMPBELL,
Plaintiff, v. Case No: 6:23-cv-2362-LHP MID-FLORIDA PATHOLOGY, LLC.,
STRATEGIC BUSINESS
OUTSOURCING, LLC., OLEKSANDR
ONUSHKO and GILMAR TADIOTO,
Defendants O RDER 1
This matter comes before the Court on a mediation report, indicating that the parties have settled the case. Doc. No. 77. Based thereon, and given that this case arises under the Fair Labor Standards Act (“FLSA”), it is ORDERED that, on or before December 20, 2024 , the parties shall file a motion for settlement approval under Lynn’s Food Stores, Inc. v. United States , 679 F.2d 1350 (11th Cir. 1982). The motion must be supported by a copy of a fully executed settlement agreement. In the motion, the parties shall explain the amount of wages Plaintiff(s) claimed to be *2 Case 6:23-cv-02362-LHP Document 78 Filed 11/21/24 Page 2 of 2 PageID 670 owed, whether and to what extent Plaintiff(s) compromised their claims, whether the amount of attorney’s fees and costs was agreed upon separately and without regard to the amount Plaintiff(s) agreed to accept, and, if not, evidence that the attorney’s fees and costs to be paid under the settlement are reasonable. In addition, if the parties have agreed to any additional terms such as a broad or general release, or confidentiality, nondisparagement, or no re-employment provisions, counsel must explain why such provisions do not impact the reasonableness and fairness of the settlement amount. DONE and ORDERED in Orlando, Florida on November 21, 2024. Copies furnished to:
Counsel of Record
Unrepresented Parties
- 2 -
[1] The parties have consented to the jurisdiction of a United States Magistrate Judge. Doc. Nos. 74–76.