Saintvil v. Apple Computer, Inc.

Full title: JEREMIE SAINTVIL, Plaintiff, v. APPLE COMPUTER, INC., Defendant.

Court: UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Date published: Feb 13, 2013

CASE NO. 12-24121-CIV-LENARD/O'SULLIVAN (S.D. Fla. Feb. 13, 2013)

Opinion

CASE NO. 12-24121-CIV-LENARD/O'SULLIVAN

02-13-2013

JEREMIE SAINTVIL, Plaintiff, v. APPLE COMPUTER, INC., Defendant.

JOHN J. O’SULLIVAN

ORDER APPROVING SETTLEMENT AGREEMENT AND

RECOMMENDING THAT THE CASE BE DISMISSED 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.

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 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 overtime hours worked by the plaintiff. 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

RECOMMENDED that this case be dismissed with prejudice and that the Court retain jurisdiction until April 8, 2013 to enforce the terms of the settlement.

DONE AND ORDERED, in Chambers, at Miami, Florida this 13th day of February, 2013.

________

JOHN J. O’SULLIVAN

UNITED STATES MAGISTRATE JUDGE
Copies furnished to:
U.S. District Judge Lenard
All counsel of record