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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

Case No.: 1:20-cv-22693-MGC

DOLORES REYES, 

Plaintiff,

v.

CITY WATCH PROTECTIVE SERVICES, 

INC. and PERCY PALMA,

Defendants.

 

 

JOINT MOTION FOR APPROVAL OF FLSA SETTLEMENT AND TO DISMISS

CASE WITH PREJUDICE WITH INCORPORATED MEMORANDUM OF LAW

Plaintiff, DOLORES REYES (“Plaintiff”), and Defendants, CITY WATCH 

PROTECTIVE SERVICES, INC. and PERCY PALMA (“Defendants”) (collectively “the 

Parties”), pursuant to Lynn’s Food Store, Inc. v. United States, 679 F.2d 1350, 1353, (11th Cir. 

1982), hereby jointly request that this Court make a fairness finding approving the terms of the 

Parties’ settlement of the above-captioned matter and dismissing this case with prejudice. The 

Parties’ Settlement Agreement is attached as Exhibit “A” (the “Agreement”).

I. Legal Principles

Pursuant to the case law regarding settlement of FLSA claims, there are two ways in which 

claims under FLSA can be settled and released by employees. First, 29 USC 216(c) of the FLSA 

allows employees to settle and waive their claims under the FLSA if the payment of unpaid wages 

by the employer to the employee is supervised by the Secretary of Labor. See 29 U.S.C. 216(c); 

Lynn’s Food Store, Inc. v. United States, 679 F.2d 1350, 1353, (11th Cir. 1982). Second, in the 

context of a private lawsuit brought by an employee against an employer under section 216(b) of the 

FLSA, an employee may settle and release FLSA claims against an employer if the parties present 

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the district court with a proposed settlement and the district court enters an Order approving the 

settlement. Id.; see also Sculte, Inc. v. Gandi, 328 U.S. 108, 66 S.Ct. 925, 928 n. 8, 90 L.Ed. 1114 

(1946); Jarrad v. Southeastern Shipbuilding Corp., 163 F.2d 960, 961 (5th Cir. 1947). In detailing 

the circumstances justifying court approval of an FLSA settlement in a litigation context, the 

Eleventh Circuit stated as follows:

Settlements may be permissible in the context of a suit brought by employees under 

the FLSA for back wages because initiation of the action by the employees provides 

some assurance of an adversarial context. The employees are likely to be 

represented by an attorney who can protect their rights under the statute. Thus, 

when the parties submit a settlement to the court for approval, the settlement is 

more likely to reflect a reasonable compromise of disputed issues than a mere 

waiver of statutory rights brought by an employer’s overreaching. If a settlement in 

an employee FLSA suit does reflect a reasonable compromise over issues, such as 

FLSA coverage or computation of back wages that are actually in dispute, we allow 

the district court to approve the settlement in order to promote the policy of 

encouraging settlement of litigation.

Lynn’s Food Stores, 679 F.2d at 1354.

The settlement of the instant action involves a situation in which the Court may approve the 

Parties’ settlement to resolve Plaintiff’s FLSA claims against Defendants. The proposed settlement 

arises out of an action brought by the Plaintiff against, as alleged in the Complaint, her employer.

The Parties’ Settlement Agreement is attached as Exhibit “A” (the “Agreement”).

The Parties agree that the instant action involves disputed issues regarding the Plaintiff’s 

claimed unpaid wages brought pursuant to the FLSA and Fla. Stat. § 448.08. The Parties further 

agree that settlement negotiated and reached by the Parties reflects a reasonable compromise of 

Plaintiff’s FLSA claims.

Notwithstanding Defendants’ denial of liability, to avoid the costs and uncertainty of

litigation, the parties have negotiated a settlement of all claims by the Plaintiff against Defendants.

Accordingly, the parties submit the settlement agreement executed by Plaintiff, DOLORES REYES

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and Defendants, CITY WATCH PROTECTIVE SERVICES, INC. and PERCY PALMA, for the 

Court’s review and approval. The parties respectfully request the Court approve the terms of the 

settlement agreement pursuant to Lynn’s Food Stores, Inc. v. United States, 679 F.2d 1350 (11th Cir. 

1982), retain jurisdiction to enforce the Settlement Agreement, and dismiss this cause with prejudice 

upon making a finding that the settlement is approved.

II. Terms of Settlement

This case involved, a claim for unpaid wages, unpaid overtime wages, and unpaid minimum

wages. The Plaintiff claimed that she worked for Defendants as an employee of the Defendants and 

that during the time she was employed, she was not properly paid for all hours worked. The 

Defendants adamantly denied Plaintiff’s claims.

The Parties had several in depth discussions on damages and exchanged detailed information 

concerning the Plaintiff’s employment with Defendants, including Plaintiff’s pay, hours worked, 

vacation time, and time records. Given the Parties' respective positions on the issues raised in the 

operative complaint, the Parties agree that they would incur great expense litigating these issues

through trial. Given the amount claimed, and the possibility of the Plaintiff recovering nothing 

additional to what was previously offered by the Defendants, the Parties agree that a settlement 

payment of $20,000.00, including attorneys’ fees and costs, is a fair compromise.

As a result, the settlement agreed upon in this matter – total payment of $20,000.00 as full 

and final settlement, inclusive of attorneys' fees and costs, is fair and equitable under the teachings 

of Lynn's Food Stores.

The Parties have also agreed that the settlement payment will be apportioned as follows:

a. $11,500.00 as payment to Plaintiff for unpaid overtime wages and liquidated damages 

under the FLSA (50% of this amount will pay Plaintiff’s claim for unpaid wages and 50% 

of this amount will pay Plaintiff’s claim for liquidated damages);

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b. $690.00 payable to Plaintiff’s counsel as reimbursement for service of process costs, 

interpreting service cancellation fee, filing fees, and fees for copying and postage; and

c. $7,810.00 payable to Plaintiff’s counsel as attorney’s fees.

The attorneys’ fees and costs concerning the above-styled action have been negotiated and 

will be paid separately from Plaintiff’s recovery. Counsel for Plaintiff further stipulates that the 

amount recovered by Saenz & Anderson, PLLC in attorney’s fees and costs is fair and reasonable, 

and accepts this amount as full satisfaction of the attorney’s fees and costs incurred on the Plaintiff’s 

behalf. A copy of Saenz & Anderson, PLLC’s declaration and billing records in support of this 

motion are attached as Exhibit “B”. 

The Parties further state that there was no undue influence, overreaching, collusion or 

intimidation in reaching the settlement agreement.

All Parties were counseled and represented by their respective attorneys throughout the 

litigation and settlement process. 

III. Conclusion

The Parties respectfully request that this Court approve the settlement between the Parties 

and dismiss the instant action with prejudice with the Court retaining jurisdiction to enforce the terms 

of the settlement agreement. A copy of a proposed Order granting the instant motion is attached 

hereto as Exhibit “C”.

Dated: December 30, 2020. Respectfully submitted,

s/Aron Smukler

Aron Smukler (FBN: 297779) 

E-mail: asmukler@saenzanderson.com

SAENZ & ANDERSON, PLLC

20900 NE 30th Avenue, Ste. 800

Aventura, Florida 33180

Telephone: (305) 503-5131

Facsimile: (888) 270-5549

Counsel for Plaintiff

s/Alexandra Scala

Alexandra Scala (FBN: 98770)

E-mail: alexandra@defenderofbusiness.com

ADI AMIT, P.A.

101 Centre

101 NE Third Ave., Suite 300

Fort Lauderdale, Florida 33301

Telephone: (954) 533-5922 

Facsimile: 954-302-4963

Counsel for Defendants

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