Travelstead v. U.N. Management Limited Liability Company

United States District Court for the Middle District of Florida

Travelstead v. U.N. Management Limited Liability Company

Trial Court Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION

LISA TRAVELSTEAD; and KAARL TRAVELSTEAD,

Plaintiffs,

v. Case No. 6:22-cv-1459-RBD-EJK

U.N. MANAGEMENT LIMITED LIABILITY COMPANY; and NATVARLAL V. UMRIGAR,

Defendants. ____________________________________

ORDER In this Fair Labor Standards Act (“FLSA”) case, the parties jointly moved for approval of their settlement agreement (Doc. 21-1 (“Agreement”)). (Doc. 21 (“Motion”).) On referral, U.S. Magistrate Judge Embry J. Kidd recommends the Court grant the Motion and approve the Agreement. (Doc. 22 (“R&R”).) The parties did not object, so the Court examines the R&R for clear error only. See Macort v. Prem, Inc.,

208 F. App’x 781, 784

(11th Cir. 2006). Finding none, the R&R is due to be adopted in its entirety. The Court notes that the settlement at issue includes a general release of all Plaintiffs’ claims against Defendants. (Doc. 21-2, ¶ 3.) The Court has previously ruled that “[p]ervasive, overly broad releases have no place in settlements of most FLSA claims.” Bright v. Mental Health Res. Ctr., Inc., No. 3:10-cv-427,

2012 WL 868804

, at *4 (M.D. Fla. Mar. 14, 2012) (Dalton, J.). This is because “in the typical

FLSA case, the indeterminate nature of general releases also prevents the Court from being able to evaluate the claims that have been waived by employees, thereby making a fairness determination difficult if not impossible.”

Id.

Unlike the

typical case, where the parties are unwilling or unable to identify a potential claim that plaintiffs are waiving, here, the parties specify potential wrongful eviction claims Plaintiffs may have against Defendants. (Doc. 21, ¶ 9); see Bright,

2012 WL 868804

, at *4. And Plaintiffs’ waiver of these claims provide the additional

justification needed for the separate agreement and consideration. (See Docs. 21-1, 21-2); Bright,

2012 WL 868804

, at *4. So the Court agrees with Judge Kidd’s reasoning that the separate release agreement does not taint the reasonableness

and fairness of the FLSA Agreement. (Doc. 22, pp. 9–10.) Accordingly, it is ORDERED AND ADJUDGED: 1. The R&R (Doc. 22) is ADOPTED AND CONFIRMED and made a

part of this Order in its entirety. 2. The Motion (Doc. 21) is GRANTED. 3. The Agreement (Doc. 21-1) is APPROVED as fair and reasonable. 4. This case is DISMISSED WITH PREJUDICE.

5. The Clerk is DIRECTED to close the file. DONE AND ORDERED in Chambers in Orlando, Florida, on January 30, 2023.

a) ibe. ROY B. DALTON JR’ United States District Judge

Reference

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