UNITED STATES DISTRICT COURT

 SOUTHERN DISTRICT OF FLORIDA

CASE NO. 2:20-CV-14150-MAYNARD

WALTER KROLL, on his own 

behalf and others similarly situated,

Plaintiff,

vs. 

KVZ GOLF, LLC, a Florida Limited,

Liability Company d/b/a PALM COVE GOLF 

AND YACHT CLUB,

Defendant.

_______________________________________________/

JOINT MOTION FOR APPROVAL OF PARTIES’

SETTLEMENT AGREEMENT AND DISMISSAL WITH PREJUDICE

Plaintiff, WALTER KROLL, and Defendant, KVZ GOLF, LLC d/b/a PALM COVE 

GOLF AND YACHT CLUB, by and through their respective undersigned counsel and pursuant 

to Fed. R. Civ. 41(a)(2) and the Order of Court-Mandated Requirements in FLSA-Based Cases

[D.E. 35] (the “Court’s Order”) entered by the Court, file this Motion, and respectfully state as 

follows:

1. Plaintiff filed the instant action seeking to recover unpaid wages, liquidated 

damages, attorneys’ fees and costs from Defendant pursuant to the Fair Labor Standards Act, 29 

U.S.C. §201 et seq. (the “FLSA”) and Florida’s Minimum Wage Act, Fla. Stat. §448.110 (the 

“Minimum Wage Act”). 

2. The Defendant denies having committed any violations of FLSA or Minimum 

Wage Act with respect to Plaintiff and, for purposes of settlement and compromise only, wishes

to resolve the Complaint without the expense, delay, and burden of further litigation without any 

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adjudication on the merits of this action and without any admission by Defendant of any alleged 

violation of the FLSA, Minimum Wage Act or any other law.

3. According to Plaintiff’s Statement of Claim [D.E. 10], Plaintiff originally estimated 

he was owed $21,048.51 in unpaid wages, plus an equal amount as liquidated damages, attorneys’ 

fees and costs. 

4. Defendant contends that Plaintiff was an independent contractor and that, even if 

he was an employee, it acted with a good faith belief that it was compensating Plaintiff 

appropriately and Plaintiff has overestimated the hours that he is claiming.

5. After considering the discussions regarding each of the parties’ respective positions 

and potential defenses, the parties agreed to terms to resolve Plaintiff’s claims. 

6. Pursuant to the Court’s Order, a copy of the Confidential Settlement and General 

Release Agreement (the “Settlement Agreement”) executed by the respective parties is attached as 

Exhibit “A.” The parties hereby confirm that the Settlement Agreement includes every term and 

condition of the parties’ settlement.

7. The amount to be paid to Plaintiff pursuant to the Settlement Agreement has not

been and will not be compromised by the deduction of attorneys’ fees, costs, or expenses pursuant 

to any contract between Plaintiff and his counsel or otherwise.

8. Plaintiff’s counsel represents the attorneys’ fees to be paid pursuant to the 

Settlement Agreement amounts to a compromise of, and reduction in, the actual attorneys’ fees 

incurred by Plaintiff’s counsel. 

9. Plaintiff’s counsel represents that his time records are attached as Exhibit B and 

reflect Plaintiff’s counsel has expended a total of 36.2 hours to date in the prosecution of the instant 

action. 

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10. Plaintiff’s counsel further represents that he has experience representing individual 

employees with wage and hour issues and claims in federal and state courts, as well as mediating 

numerous minimum wage and/or unpaid wage cases.

11. Plaintiff’s counsel represents that his regular rate for this case was $395/hour and, 

Plaintiff’s counsel to date has expended $14,299.00 in fees, and incurred $1,376.25 in costs 

representing Plaintiff. 

12. Based on the foregoing information, the parties submit that the attorneys’ fees and 

costs to be paid as part of the Settlement Agreement are reasonable. 

13. In the Eleventh Circuit, in order to ensure that the employer is relieved of liability, 

a compromise of an FLSA claim must either be supervised by the Secretary of Labor or must be 

approved by the District Court. Lynn’s Food Stores, Inc. v. United States, 679 F.2d 1350 (11th Cir. 

1982). To approve a settlement, the Court should determine that the compromise is a fair and 

reasonable resolution of a bona fide dispute over FLSA provisions. Id. at 1354. If the settlement 

terms meet the aforementioned criteria, the Court should approve the settlement in order to 

promote the policy of encouraging settlement of litigation. Id.; see also Sneed v. Sneed’s 

Shipbuilding, Inc., 545 F.2d 537, 539 (5th Cir. 1977).

14. Per the Settlement Agreement, the parties “stipulate and agree that the Settlement 

Sum, including the attorney’s fees paid as part thereof, is a fair and reasonable settlement of 

[Plaintiff’s] FLSA and minimum wage claims.” Settlement Agreement at ¶3.

15. As part of the settlement reached between the parties, Plaintiff has agreed to the 

dismissal of this action with prejudice with the parties to bear their own fees and costs, except as 

provided for in the Settlement Agreement, upon approval by the Court of the Settlement 

Agreement. 

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16. The parties stipulate to the dismissal with prejudice of this action upon approval by 

the Court of the Settlement Agreement, conditioned upon the Court retaining jurisdiction over the 

matter for 30 days to enforce the terms of the Settlement Agreement. 

17. Pursuant to Local Rule 7.1(a)(2) of the Local Rules for the Southern District of 

Florida, a proposed order is attached hereto.

WHEREFORE, the parties respectfully request that this Court enter the attached proposed 

Order: (i) approving the Settlement Agreement; (ii) dismissing with prejudice the claims made by 

Plaintiff against Defendant in this action with the parties to bear their own fees and costs, except 

as provided for in the Settlement Agreement; (iii) retaining jurisdiction to enforce the Settlement 

Agreement for a period of 30 days; (iv) denying as moot all pending motions; and (v) awarding 

such other relief as is just and proper under the circumstances.

Respectfully submitted on December 21, 2020,

Robert S. Norell, P.A.

300 N.W. 70th Avenue, Suite 305

Plantation, Florida 33317

Telephone: (954) 617-6017

Facsimile: (954) 617-6018

/s/Robert S. Norell 

Robert S. Norell, FBN: 996777

E-mail: rob@floridawagelaw.com

COUNSEL FOR PLAINTIFF

LITTLER MENDELSON, P.C.

Wells Fargo Center

333 SE 2nd Avenue, Suite 2700

Miami, Florida 33131

Tel: (305) 400-7500

Fax: (305) 675-8497

By: /s/ Stefanie M. Mederos 

Sherril Colombo, Esq.

Florida Bar No. 948799

E-mail: scolombo@littler.com

Stefanie M. Mederos, Esq.

Florida Bar No. 12041

E-mail: smederos@littler.com

Secondary: ccano@littler.com

COUNSEL FOR DEFENDANT

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