UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. 20-CV-61228-VALLE

CONSENT CASE

FRANCIA TOUSSAINT,

Plaintiff,

v.

THERAPIES 4 KIDS, INC

a Florida Corporation, et al., 

Defendants.

/

ORDER APPROVING SETTLEMENT 

AGREEMENT AND DISMISSING CASE WITH PREJUDICE 

THIS MATTER is before the Court upon the parties’ Joint Motion for Approval of 

Settlement and Dismissal with Prejudice (ECF No. 47) (the “Motion”). Pursuant to the parties’ 

consent, this case is before the undersigned for all proceedings, including trial and entry of final 

judgment. See (ECF Nos. 45, 46).

This case includes claims under the Fair Labor Standards Act (“FLSA”) for alleged 

violations of the minimum wage and statutory overtime provisions. (ECF No. 1); see 29 U.S.C. 

§ 201 et seq. On March 17, 2021, the parties filed the Mediator’s Report indicating that they had 

settled the case. (ECF No. 43). On March 30, 2021, the instant Motion followed. (ECF No. 47).

Before the Court can dismiss this case and approve a settlement of the FLSA claims, the 

court must scrutinize the settlement and determine that it is a “fair and reasonable resolution of a

bona fide dispute over FLSA provisions.” Lynn’s Food Stores, Inc. v. United States, 679 F.2d

1350, 1355 (11th Cir. 1982). In doing so, courts consider various factors, including: (1) the 

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possible existence of collusion behind the settlement; (2) the complexity, expense, and likely 

duration of the litigation; (3) the stage of the proceedings and the amount of discovery completed; 

(4) the probability of the plaintiff’s success on the merits; (5) the range of possible recovery; and 

(6) the opinions of counsel. See Leverso v. S. Trust Bank of Ala. Nat. Assoc., 18 F.3d 1527, 1531 

n.6 (11th Cir. 1994); see also McHone v. Donald P. Hoekstra Plumbing, Inc., No. 10-CV-60322, 

2010 WL 4625999, at *1 (S.D. Fla. Nov. 4, 2010); Dees v. Hydradry, Inc., 706 F. Supp. 2d 1227, 

1241 (M.D. Fla. 2010). In the end, if the settlement reflects a reasonable compromise over FLSA 

issues that are actually in dispute, the court may approve the settlement “to promote the policy of 

encouraging settlement in litigation.” Lynn’s Food Stores, 679 F.2d at 1354.

Here, the parties have submitted for Court approval the Settlement Agreement (the 

“Settlement Agreement”). The Court has scrutinized the terms of the Settlement Agreement and 

considered the above factors, the overall strengths and weaknesses of the parties’ respective 

positions, and the parties’ desire to resolve this case sooner rather than later to avoid the costs and 

uncertainty of litigation. The Court also considered that Plaintiff’s claims were disputed as to 

liability and amount and that all parties were represented by counsel. Lastly, the Settlement 

Agreement specifies the portion of the settlement amount to be paid to Plaintiff and the amounts 

designated for attorney’s fees and costs. Accordingly, the Court finds that the Settlement 

Agreement is a fair and reasonable resolution of a bona fide FLSA dispute.

In addition, Plaintiff’s counsel has submitted her billing records to the undersigned. The 

Court considered “the reasonableness of [Plaintiff’s] counsel’s legal fees to assure both that 

counsel is compensated adequately and that no conflict of interest taints the amount the wronged 

employee recovers under a settlement agreement.” Silva v. Miller, 307 F. App’x 349, 351 (11th 

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Cir. 2009). Having done so, the Court finds that the amount of the settlement proceeds attributable 

to Plaintiff’s counsel’s legal fees is reasonable.

CONCLUSION

Accordingly, for the reasons set forth above, it is hereby ORDERED AND ADJUDGED 

as follows:

(i) the Motion (ECF No. 47) is GRANTED and the Settlement Agreement is

APPROVED;

(ii) the case is DISMISSED WITH PREJUDICE; and

(iii) the Court will retain jurisdiction for 60 days from the date of this Order to enforce 

the terms of the Settlement Agreement.

DONE AND ORDERED in Chambers, at Fort Lauderdale, Florida, on April 9, 2021.

____________________________________

ALICIA O. VALLE

UNITED STATES MAGISTRATE JUDGE

cc: All Counsel of Record

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