Case Information
*1 Case 0:09-cv-60485-JJO Document 26 Entered on FLSD Docket 07/02/2009 Page 1 of 2
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO . 09-60485-CIV-O'SULLIVAN [CONSENT] ESTEBAN ROCHA,
Plaintiff,
vs.
TENG SOUTH, INC. d/b/a BRAVO
SUPERMARKET, a Florida corporation
and NECTALIER JR. GONZALEZ,
an individual,
Defendants.
______________________________/
ORDER APPROVING SETTLEMENT AGREEMENT AND CLOSING CASE
THIS MATTER came before the Court following notice from the parties that the case has settled 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 dispute over the amount of hours worked by the plaintiff, as evidenced by the claims alleged in the complaint. The Court finds that the compromise reached by the parties under the terms of the Settlement Agreement is a fair and reasonable resolution of the parties' bona fide disputes. Accordingly, it is *2 Case 0:09-cv-60485-JJO Document 26 Entered on FLSD Docket 07/02/2009 Page 2 of 2
ORDERED AND ADJUDGED that the parties' Settlement Agreement is hereby APPROVED. It is further
ORDERED AND ADJUDGED that this case is DISMISSED WITH PREJUDICE. The Court will retain jurisdiction until Monday, August 17, 2009 to enforce the terms of the settlement.
The Clerk of Court is directed to mark this case as CLOSED.
DONE AND ORDERED in Chambers at Miami, Florida this 2nd day of July, 2009.
_________________________________ JOHN J. O’SULLIVAN UNITED STATES MAGISTRATE JUDGE Copies provided to:
U.S. Magistrate Judge Turnoff
All counsel of record 2
