UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Case No.: 0:20-cv-61228-RS

FRANCIA TOUSSAINT,

Plaintiff,

v. 

THERAPIES 4 KIDS, INC., a Florida 

Corporation, and EILEEN DE OLIVIERA,

an individual,

Defendant.

__________________________________________________/

JOINT MOTION FOR APPROVAL OF 

CONFIDENTIAL SETTLEMENT AGREEMENT AND

DISMISSAL WITH PREJUDICE BASED ON IN CAMERA INSPECTION

Plaintiff, FRANCIA TOUSSAINT (“Plaintiff”), and Defendants, THERAPIES 4 KIDS, 

INC. and EILEEN DE OLIVIERA (“Defendants”), hereby file this Joint Motion for Approval of 

Parties’ Confidential Settlement Agreement and Dismissal with Prejudice based on in camera

review and respectfully state as follows:

1. This is an action that was filed in June 2020 after the parties attended a mediation

in an effort to resolve the parties’ disputes. More specifically, Plaintiff raised claims pursuant to 

the Fair Labor Standards Act (“FLSA”), 29 U.S.C. §207, and Florida law premised upon the 

allegation that Plaintiff was owed unpaid minimum and overtime wages in connection with 

Plaintiff’s employment with Defendants between approximately January 2018 and March 2020.

2. Despite the parties’ differences throughout this litigation, after conducting 

discovery and participating in both a Settlement Conference before the Court on November 30, 

2020 and mediation before Marlene Quintana, Esq. on March 15, 2021, the parties reached a 

compromise resolution of all claims during mediation. The parties have entered into a Confidential 

Case 0:20-cv-61228-AOV Document 47 Entered on FLSD Docket 03/30/2021 Page 1 of 3
Settlement Agreement and because of the nature of Plaintiff’s alleged overtime and minimum 

claims arising under the Fair Labor Standards Act, the parties’ Confidential Settlement Agreement 

requires Court approval in order to become effective under the FLSA. See Lynn’s Food Stores, 

Inc. v. U.S., 679 F.2d 1350, 1352 (11th Cir. 1982).

3. To avoid the uncertainties of further litigation up through the filing of cross motions 

for summary judgment and a potential trial and appeals, as well as continued attorneys’ fees and 

costs, the parties negotiated a compromise resolution as memorialized in the parties’ Confidential 

Settlement Agreement. . 

4. The parties respectfully submit that the Confidential Settlement Agreement in this 

case represents a fair and reasonable compromise of disputed claims with respect to liability and 

any potential damages Plaintiff could have recovered had the litigation in this case continued. 

Throughout the entirety of this case between June 2020 and March 2021, Plaintiff was represented 

by competent counsel with significant experience in FLSA claims and Defendants were also 

represented by experienced counsel throughout this process.

5. Finally, the parties are, simultaneous with the filing of the instant Motion, 

submitting their Confidential Settlement Agreement via e-mail to the chambers of the Honorable 

United States Magistrate Judge Alicia O. Valle for in camera review, such that upon approval of 

the settlement, the parties respectfully request the Court dismiss this action with prejudice while 

retaining jurisdiction to enforce the terms of the Settlement Agreement.

WHEREFORE, Plaintiff, FRANCIA TOUSSAINT (“Plaintiff”), and Defendants, 

THERAPIES 4 KIDS, INC. and EILEEN DE OLIVIERA, respectfully request that the Court enter 

an Order: (1) approving the terms of the parties’ Confidential Settlement Agreement, (2) 

dismissing this action with prejudice, and (3) retaining jurisdiction to enforce the terms of the 

Settlement Agreement.

Case 0:20-cv-61228-AOV Document 47 Entered on FLSD Docket 03/30/2021 Page 2 of 3
Respectfully submitted this 30th day of March 2021.

s/_Alejandro Brito__________________

Alejandro Brito, Esquire

Florida Bar No. 098442

E-mail: ABrito@zarcolaw.com

ZARCO EINHORN SALKOWSKI 

& BRITO, P.A.

One Biscayne Tower

2 South Biscayne Blvd.

34th floor

Miami, Florida 33131

Telephone: (305) 374-5418

Facsimile: (305) 374-5428

Attorneys for Defendant

s/__Michelle Cohen Levy___________

Michelle Cohen Levy, Esquire

Florida Bar No. 0068514

E-mail: Michelle@CohenLevyLegal.com

The Law Office of Michelle Cohen Levy, PA

4400 N. Federal Highway 

Lighthouse Point, Florida 33064 

Telephone: (954) 651-9196

Attorneys for Plaintiffs

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