Mazo Morales v. El Indio Bakery and Cafeteria Corp.
Mazo Morales v. El Indio Bakery and Cafeteria Corp.
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 19-25101-CIV-O'SULLIVAN [CONSENT] MARIA AMALIA MAZO MORALES, Plaintiff, v. EL INDIO BAKERY AND CAFETERIA CORP. and HEIDI PEREZ CASTANEDA, Defendants. / ORDER APPROVING SETTLEMENT AGREEMENT AND DISMISSING CASE WITH PREJUDICE THIS MATTER came before the Court following a settlement conference before the undersigned and the Court having conducted a hearing concerning the settlement. 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, if any, for which the plaintiff was not properly compensated. The terms of the settlement were announced on the record in open Court. 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 this case is DISMISSED WITH PREJUDICE. The Court retains jurisdiction until Wednesday, May 27, 2020 to enforce the terms of the settlement. It is further ORDERED AND ADJUDGED that the Joint Motion to Continue All Deadlines for Three Months Due to COVID-19 Contagion (DE# 35, 3/17/20) and any other pending motions are DENIED as moot. The Clerk of Court is directed to mark this case as CLOSED. DONE AND ORDERED, in Chambers, at Miami, Florida, this 26th day of March, 2020. (Ld. JOHN. O'SULLIVAN CHIEF UNITED STATES MAGISTRATE JUDGE
Reference
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