UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

CASE NO.: 0:20-cv-61176-WPD 

WESMI DAOUT, 

Plaintiff, 

v. 

 

MEDICAL TRANSPORT SOLUTIONS, INC., 

 Defendant. 

_______________________________________/ 

JOINT NOTICE OF SETTLEMENT, REQUEST FOR JUDICIAL APPROVAL, AND 

ORDER DISMISSING THE CASE WITH PREJUDICE 

The Parties, Plaintiff Wesmi Daout (“Plaintiff”) and Defendant Medical Transport 

Solutions, Inc., (“Defendant” or “MTS”) hereby advise the Court that they have reached an 

agreement to settle this matter in full, including the outstanding issue as to the amount of 

reasonable fees and costs to be awarded to Plaintiff. The Parties hereby request the Court’s judicial 

approval of the terms of the settlement and an Order dismissing this case with prejudice pursuant 

to Fed. R. Civ. P. 41 and the Court’s FLSA Order [D.E. 5]. In support, the parties state as follows: 

1. On June 15, 2020, Plaintiff filed this action against Defendant alleging overtime 

wage violations under the Fair Labor Standards Act (“FLSA”). See D.E. 1. 

2. On May 10, 2021, Defendant, served Plaintiff with an offer of judgment pursuant 

to Rule 68 of the Federal Rules of Civil Procedure in the amount of $2,800.00 and reasonable 

attorneys' fees and costs to be determined by the Court ("the Offer"). [D.E. 35-1]. 

3. On May 24, 2021, Plaintiff filed a Notice of Acceptance of the Offer. [D.E. 35]. 

And, on May 26, 2021, the Court entered judgment in favor of Plaintiff and against Defendant in 

the amount of $2,800.00. [D.E. 36]. The Court’s Order “reviewed the record and the Offer and 

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[found] that the settlement is fair and reasonable,” and retained jurisdiction to determine the 

reasonable amount of attorney’s fees and costs. Id. 

4. As the Court noted, “when a plaintiff’s FLSA claim is compromised, acceptance of 

a Rule 68 offer of judgment does not relieve the Court of its duty to determine whether the 

settlement is a ’fair and reasonable resolution of a bona fide dispute’ as required by Lynn’s Food 

Stores, Inc. v. United States, 679 F.2d 1350 (11th Cir.1981).’” (internal citations omitted). Mejia 

v. Commercial Driver's License Sch., Inc., Case No.: 1:20-cv-20575-KMM (S.D. Fla. Feb 9, 2021) 

(Review of settlement agreement required when accepted Offer of Judgement, left the issue of 

attorneys' fees to be decided by the court). 

5. In a further effort to avoid costs associated with further litigating the issue, the Parties 

have negotiated a final settlement, which includes attorney’s fees and costs and submit the parties’ 

settlement agreement for the Court’s review pursuant to Lynn’s Food Stores, Inc. v. U.S. Dept. of 

Labor, 679 F.2d 1350, 1355 (11th Cir. 1982). The parties have negotiated the amount of attorney’s 

fees and costs to Plaintiff in the total amount of $3,200.00. Plaintiff’s attorneys’ fees and costs have 

been negotiated independently and separately from the amount due to Plaintiff in the Offer. The total 

settlement value to Plaintiff is $6,000.00, inclusive of attorney’s fees and costs. 

6. The Parties settlement does not impact Plaintiff's recovery as Plaintiff has 

recovered his wages, and liquidated damages, in full. In addition, the settlement of the attorneys’ 

fees and costs was negotiated separately and without regard to the amount of Plaintiff’s recovery, 

and after the Offer of Judgment was extended and accepted. The Parties submit that the terms set 

forth within the Settlement Agreement entered into between the parties is a fair and reasonable 

resolution, since Plaintiff has fully recovered the wages sought, and the attorney’s fees and costs were 

separately negotiated without compromising Plaintiff’s claim. 

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WHEREFORE, the Parties respectfully request that the Court enter an Order: (1) approving 

the parties’ settlement; and (2) Order dismissing this action with prejudice pursuant to the parties’ 

stipulated settlement. A proposed order is attached as Exhibit A. 

Dated: July 23, 2021 Respectfully submitted, 

/s/ Miguel Morel 

Miguel Morel, Esq. 

Florida Bar No. 089163 

E-mail: mamorel@littler.com 

Secondary: grivas@littler.com 

LITTLER MENDELSON, P.C. 

Wells Fargo Center 

333 SE 2nd Avenue, Suite 2700 

Miami, FL 33131 

Telephone: (305) 400-7530 

Facsimile: (305) 603-2552 

Attorneys for Defendant

s/ Noah E. Storch____ 

Noah E. Storch, Esq. 

Florida Bar No. 0085476 

E-mail: noah@floridaovertimelawyer.com 

Richard Celler Legal, P.A. 

10368 W SR 84, Suite 103 

Davie, FL 33324 

Telephone: (866) 344-9243 

Facsimile: (954) 337-2771 

Attorneys for Plaintiff 

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