Garcia v. CrossCountry Mortgage, LLC

United States District Court for the Southern District of Florida

Garcia v. CrossCountry Mortgage, LLC

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

CASE NO. 23-CV-20216-RAR

MARIA GARCIA, on behalf of herself and others similarly situated,

Plaintiff,

v.

CROSS COUNTRY MORTGAGE, LLC,

Defendant. __________________________________________/

ORDER APPROVING SETTLEMENT AGREEMENT AND DISMISSING CASE WITH PREJUDICE

THIS CAUSE comes before the Court on the Joint Motion for Approval of Settlement Agreement and Stipulation of Dismissal with Prejudice (“Motion”), [ECF No. 14], filed on May 9, 2023. Before the Court can approve a settlement of FLSA claims, it must scrutinize the settlement and determine that it is a “fair and reasonable resolution of a bona fide dispute over FLSA provisions.” Lynn’s Food Stores, Inc. v. United States,

679 F.2d 1350

, 1355 (11th Cir. 1982). If the settlement reflects a reasonable compromise over FLSA issues that are in dispute, the Court may approve the settlement “to promote the policy of encouraging settlement in litigation.” Id. at 1354. Upon review of the record and the parties’ documented basis for settlement of this FLSA case, including an award of attorneys’ fees to Plaintiff’s counsel, the Court finds that the settlement of this action is fair and reasonable and that the requested fee is fair and reasonable and not grossly excessive. Accordingly, it is hereby ORDERED AND ADJUDGED as follows: 1. The Motion [ECF No. 14] is GRANTED. 2. The Settlement Agreement [ECF No. 14-1], which has been duly filed as a record of the Court, is APPROVED in its entirety. 3. The case is DISMISSED WITH PREJUDICE, and any pending motions are DENIED AS MOOT. 4. The Court retains jurisdiction to enforce the terms of the Settlement Agreement. DONE AND ORDERED in Miami, Florida, this 10th day of May, 2023.

RODOLFO A. RUIZ IT UNITED STATES DISTRICT JUDGE

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