Joint Motion to Approve Settlement Agreement and Dismissal with Prejudice 

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IN THE UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

Case No. 9:20-cv-81346-SMITH

TOMAS MAIRENA, 

JOEL JACINTO, 

GABRIEL PEREZ GODINEZ, and 

QUEIN ARIEL JACINTO FIGUEROA 

 Plaintiffs, 

v. 

TRADESTAFF MANAGEMENT, INC., 

a Florida profit corporation, and 

MITCHELL J. DAIGLE 

 Defendants. 

______________________/ 

JOINT MOTION TO APPROVE SETTLEMENT AGREEMENT AND DISMISSAL 

WITH PREJUDICE 

 Plaintiffs, TOMAS MAIRENA, JOEL JACINTO, GABRIEL PEREZ GODINEZ, and 

QUEIN ARIEL JACINTO FIGUERO, and Defendants, TRADESTAFF MANAGEMENT, INC. 

And MITCHELL J. DAIGLE, by and through their undersigned counsel hereby jointly request 

that this Court approve their settlement and dismiss this matter with prejudice and state as follows: 

 On August 19, 2020, the Plaintiffs filed their Complaint alleging overtime violations under 

the FLSA. The Defendants deny that they violated the FLSA in any manner, however, the parties 

have been able to reach a settlement concerning the Plaintiffs’ claims that were paid in full, and 

have incorporated said settlement into a settlement agreement executed by both of the Parties. 

Pursuant to Lynn’s Food Stores, Inc. v. U.S, 679 F.2d 1350 (11th Cir. 1982), claims arising 

under the FLSA may be settled only with the approval of the Court or Secretary of Labor. The 

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Joint Motion to Approve Settlement Agreement and Dismissal with Prejudice 

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Parties stipulate that the negotiated settlement reached between the Parties represents a “fair” 

resolution of Plaintiffs’ FLSA claims as well as Plaintiffs’ reasonable attorneys’ fees and costs. 

The Parties also stipulate that the settlement reached between them advances judicial economy. 

 Under the Agreement the Plaintiffs will be paid as follows: 

 To Jacinto $1,200.00 for back wages and liquidated damages 

 To Mairena $2,159.52 for back wages and liquidated damages 

 To Godinez $1,008.00 for back wages and liquidated damages 

 To Figueroa $1,200.00 for back wages and liquidated damages 

Under the Agreement Scott Wagner & Associates, P.A. shall receive $3,932.75 as full and 

final payment of attorney’s fees and costs. As set forth on Exhibit A, Plaintiff’s counsel’s firm 

spent 12.7 hours on this matter for a total of $3,851.80. The rates sought for the timekeeper are as 

follows: Ms. Scott’s rate (board certified in labor and employment law) is $450.00/per hour, 

Associate Attorney Amanda Carbone $225; senior paralegal Ashley Prescott $125 (certified 

paralegal) and paralegal Stephanie Houska $95.00 (13 year employee). The firm expended costs 

for filing fee and service of process in the amount of $523.52. (See Exhibit A). The firm agrees to 

the reduced amount of $3,932.75 

 In the Plaintiffs’ Complaint, the Plaintiffs sought damages in their complaint as follows: 

 Jacinto $800 in back wages, equal amount as liquidated 

 Mairena $1,437.50 in back wages, equal amount as liquidated 

 Godniez $672.00 in back wages, equal amount as liquidated 

 Figueroa $800.00 in back wages, equal amount as liquidated 

 The parties did not agree on the amounts sought. In order to accomplish a settlement, the 

parties compromised on the amount of liquidated damages. 

The Parties further stipulate to the dismissal, with prejudice, of this action of all claims 

asserted, upon approval by the Court as requested above with each party to bear its own attorney’s 

fees and costs. The Parties further request this Court retain jurisdiction to enforce that the 

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Joint Motion to Approve Settlement Agreement and Dismissal with Prejudice 

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Settlement Agreement entered into by and between the Parties. (See Settlement Agreement 

attached hereto as Exhibit “B”). 

 Dated this 25th day of September 2020. 

s/Cathleen Scott 

Cathleen Scott, Esq. 

Florida Bar No.: 135331 

Primary e-mail: CScott@scottwagnerlaw.com 

Secondary e-mail: mail@scottwagnerlaw.com

SCOTT WAGNER & ASSOCIATES, P.A. 

Jupiter Gardens 

 250 South Central Boulevard, Suite 104-A 

Jupiter, FL 33458 

Telephone: (561) 653-0008 

Facsimile: (561) 653-0020 

 Secondary Address: 101 Northpoint Parkway 

West Palm Beach, FL 33407 

www.ScottWagnerLaw.com 

s/Joshua B. Loren 

Joshua B. Loren, Esq. 

Florida Bar 1017897 

Email: jloren@lorenkeanlaw.com

Loren & Kean Law 

7111 Fairway Drive 

Suite 302 

Palm Beach Gardens, FL 33418 

Telephone: (561)615-5701 

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