UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO.: 0:20-cv-61280-DPG

FREDDIE YOUNG,

Plaintiff,

v.

PERSAUD USA HOLDINGS LLC D/B/A 

SAMMYS DISCOUNT FOOD AND DELI,

PERSAUD & PERSAUD L.L.C D/B/A 19 

STREET DISCOUNT GROCERY, UNITED 

HOLDINGS USA LLC D/B/A CONVENIENT

DISCOUNT FOOD AND DELI, DARMINDRA 

PERSAUD, SALESH SHIVPERSAUD,

Defendants.

___________________________________/

JOINT MOTION TO APPROVE SETTLEMENT

AND DISMISS ACTION WITH PREJUDICE

Plaintiff and Defendants, by and through their respective undersigned counsel, hereby 

jointly move for approval of their FLSA settlement and for the dismissal with prejudice of this 

action, and say:

1. Plaintiff alleges that Defendants violated the Fair Labor Standards Act, 29 U.S.C. 

§ 201, et seq. (the “FLSA”), by failing to pay him alleged unpaid overtime and minimum wage 

compensation. 

2. Defendants vigorously deny any wrongdoing and further deny that Plaintiff is 

entitled to any relief whatsoever. The parties agree there are bona fide, good faith disputes as to 

both liability and damages regarding Plaintiff’s claims. 

3. The parties engaged in mediation on September 30, 2020 [ECF No. 19] and they 

reached a settlement of this matter. 

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

1982), claims for back wages arising under the FLSA may be settled or compromised with the 

approval of the district court (or under the supervision of the U.S. Department of Labor). In Lynn’s 

Food Stores, the Eleventh Circuit observed that when an employee initiates a private cause of 

action, there is “some assurance of an adversarial context. The employees are likely to be 

represented by an attorney who can protect their rights under the statute.” Id. at 1354. 

Accordingly, the Eleventh Circuit reasoned that when the parties are represented by counsel it is 

likely there is a reasonable compromise and the settlement should be approved:

[W]hen 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 about 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.

Id.

5. The parties request that the Court review and approve their settlement, and they 

concurrently move to dismiss this action with prejudice. The parties have agreed to the dismissal 

of this action with prejudice on the condition that the Court retain jurisdiction to enforce the terms 

of the settlement agreement. See Anago Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272, 1280 

(11th Cir. 2012).

6. Plaintiff and Defendants are each represented by experienced counsel who are 

extremely well-versed in FLSA litigation. The parties and their respective counsel agree and 

stipulate that their settlement represents a fair, reasonable, good faith and arms-length compromise 

of Plaintiff’s claims. There was no undue influence, overreaching, collusion or intimidation in 

reaching the parties’ settlement.

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7. Confidentiality is a material term of the parties’ settlement agreement, and the 

parties are submitting a copy of their settlement agreement via email for in camera review 

contemporaneous with the filing of this motion. The total amount of the settlement and the specific 

amounts to be received by Plaintiff and by Plaintiff’s counsel for attorney’s fees and costs are set 

forth in paragraph 5 of the settlement agreement. The amount paid for attorney’s fees and costs 

fully satisfies Plaintiff’s obligations for those items.

WHEREFORE, Plaintiff and Defendants jointly request that the Court enter an order (a) 

approving the parties’ settlement; (b) dismissing this action with prejudice; and (c) reserving 

jurisdiction to enforce the terms of the settlement, should such enforcement be necessary. A 

proposed order is provided herewith and is being emailed to chambers along with the parties’ 

settlement agreement.

Respectfully submitted this 5th day of October, 2020.

Elliot A. Kozolchyk, Esq.

Elliot A. Kozolchyk, Esq.

Fla. Bar No. 74791

Email: ekoz@kozlawfirm.com

Koz Law, P.A.

320 S.E. 9th Street

Fort Lauderdale, FL 33316

Tel.: 786) 924-9929

Fax: (786) 358-6071

Counsel for Plaintiff

Adam S. Chotiner, Esq.

Adam S. Chotiner, Esq.

Fla. Bar No. 0146315

E-Mail: achotiner@sbwh.law

Shapiro, Blasi, Wasserman 

 & Hermann, P.A.

7777 Glades Rd., Suite 400

Boca Raton, FL 33434

Tel.: (561) 477-7800

Fax: (561) 477-7722

Counsel for Defendants

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CERTIFICATE OF SERVICE

I hereby certify that on October 5, 2020, I electronically filed the foregoing document with 

the Clerk of the Court using CM/ECF. I also certify that the foregoing document is being served 

this day on all counsel of record identified on the Service List below via transmission of Notices 

of Electronic Filing generated by CM/ECF.

s/ Adam S. Chotiner

Adam S. Chotiner

SERVICE LIST

Freddie Young v. Persaud USA Holdings LLC d/b/a Sammys Discount Food and Deli, et al. 

Case No. 0:20-cv-61280-DPG

United States District Court, Southern District of Florida

Elliot A. Kozolchyk, Esq.

Email: ekoz@kozlawfirm.com

Koz Law, P.A.

320 S.E. 9th Street

Fort Lauderdale, FL 33316

Tel.: 786) 924-9929

Fax: (786) 358-6071

Counsel for Plaintiff

Via CM/ECF

Adam S. Chotiner, Esq.

E-Mail: achotiner@sbwh.law

Shapiro, Blasi, Wasserman 

 & Hermann, P.A.

7777 Glades Rd., Suite 400

Boca Raton, FL 33434

Tel.: (561) 477-7800

Fax: (561) 477-7722

Counsel for Defendants

Via CM/ECF

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