Calix v. Caring Touch Towing, LLC, No. 2:2009cv00412 - Document 25 (M.D. Fla. 2009)
Court Description: REPORT AND RECOMMENDATION re 24 Joint MOTION to Approve Settlement Agreement As Stipulated Final Judgment And Incorporated Memorandum Of Law filed by Javier Calix. It is respectfully recommended the Joint Notice of Filing and Joint Motion f or Approval of Settlement Agreement as Stipulated Final Judgment (Doc. #24) should be GRANTED and the settlement agreement should be APPROVED by the District Court. It is further respectfully recommended the case should be DISMISSED with Prejudice pursuant to the agreement of the Parties and the Clerk should be directed to close the file Signed by Magistrate Judge Sheri Polster Chappell on 11/10/2009. (LMH)
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Calix v. Caring Touch Towing, LLC Doc. 25 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION JAVIER CALIX on his own behalf and others similarly situated, Plaintiff, -vs- Case No. 2:09-cv-412-FtM-29SPC CARING TOUCH TOWING, LLC a Florid limited liability company, Defendant. ______________________________________ REPORT AND RECOMMENDATION TO THE UNITED STATES DISTRICT COURT This matter comes before the Court on the Joint Notice of Filing and Joint Motion for Approval of Settlement Agreement as Stipulated Final Judgment (Doc. #24) filed on November 4, 2009. This case was brought under the Fair Labor Standards Act (FLSA) 29 U.S.C. § 201 et. seq. The Parties have reached a settlement agreement and seek court approval of that agreement. In Lynn’s Food Stores, Inc. v. United States, 679 F.2d 1350, 1352-1355 (11th Cir. 1982), the Eleventh Circuit explained that claims for back wages under the FLSA may only be settled or compromised when the Department of Labor supervises the payment of back wages or when the district court enters a stipulated judgment “after scrutinizing the settlement for fairness.” In the Joint Motion for Approval submitted by the Parties, (Doc. # 24), the Parties provide that a settlement of a bona fide good faith dispute was negotiated and is deemed fair and reasonable. Dockets.Justia.com The parties have agreed to a settlement amount of $3,000.00. The Plaintiff, Javier Calix, has agreed to accept $500.00 in unpaid overtime wages as a fair and reasonable settlement of his claim. Further, the Plaintiff has agreed to pay his attorney $2,500.00, which includes costs in the amount of $410.00, from the total settlement amount of $3,000.00. Because the Plaintiff has agreed that the settlement figure was entered into knowingly and voluntarily, after having the opportunity to fully discuss it with his attorney, the Court concludes that the proposed settlement is a fair and reasonable resolution of a bona fide dispute over the FLSA. Accordingly, it is now RESPECTFULLY RECOMMENDED: The Joint Notice of Filing and Joint Motion for Approval of Settlement Agreement as Stipulated Final Judgment (Doc. #24) should be GRANTED and the settlement agreement should be APPROVED by the District Court. It is further respectfully recommended the case should be DISMISSED with Prejudice pursuant to the agreement of the Parties and the Clerk should be directed to close the file. Failure to file written objections to the proposed findings and recommendations contained in this report within ten (10) days from the date of its filing shall bar an aggrieved party from attacking the factual findings on appeal. Respectfully recommended at Fort Myers, Florida, this _10th__ day of November, 2009. Copies: All Parties of Record -2-
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