PERERA v. AMERICAN BANCSHARES MORTGAGE, LLC

Case No. 16-22291-CIV-O'SULLIVAN.

JORGE FELIX PERERA, JR., Plaintiff, v. AMERICAN BANCSHARES MORTGAGE, LLC and JOHN A. COSCULLUELA, Defendants.

United States District Court, S.D. Florida.

Editors Note
Applicable Law: 29 U.S.C. § 0201
Cause: 29 U.S.C. § 0201 Fair Labor Standards Act
Nature of Suit: 710 Labor: Fair Standards
Source: PACER


Attorney(s) appearing for the Case

Jorge Felix Perera, Jr., Plaintiff, represented by Brian Lee Lerner , Kim Vaughan Lerner LLP.

Jorge Felix Perera, Jr., Plaintiff, represented by Jorge Freddy Perera , Perera Law Group, P.A..

American Bancshares Mortgage, LLC, Defendant, represented by Alan Jay Kluger , Kluger Kaplan Silverman Katzen & LEvine, PL, Lisa Jaffa Jerles , Kluger Kaplan & Erin E. Bohannon .

John A. Cosculluela, Defendant, represented by Alan Jay Kluger , Kluger Kaplan Silverman Katzen & LEvine, PL, Lisa Jaffa Jerles , Kluger Kaplan & Erin E. Bohannon , Kluger, Kaplan, Silverman, Katzen & Levine, P.L.


ORDER APPROVING SETTLEMENT AGREEMENT AND DISMISSING CASE WITH PREJUDICE

JOHN J. O'SULLIVAN, Magistrate Judge.

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 minimum wage and 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 legal dispute over whether the plaintiff was an exempt employee under the FLSA. 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 Friday, June 9, 2017 to enforce the terms of the settlement.

The Clerk of Court is directed to mark this case as CLOSED.

DONE AND ORDERED.


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