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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Case No: 1:22-cv-23580-JB

MANUEL CHAVES,

Plaintiff, 

v. 

BASILICO RISTORANTE AT

DORAL, INC., RODRIGO R. 

GONZALEZ, and CARLOS 

LOYA,

Defendants. 

____________________________________________________/

ORDER MEMORIALIZING

THE APPROVAL OF FLSA SETTLEMENT AND CLOSING CASE

THIS CAUSE came before the Court following the Parties’ Joint Consent to U.S. 

Magistrate Judge Jacqueline Becerra, wherein the Parties elected to proceed before the 

undersigned. ECF No. [15]. The Honorable Jose E. Martinez, United States District Judge,

referred this matter to the undersigned for all further proceedings. ECF No. [16]. 

The undersigned conducted a settlement conference (the “Settlement Conference”) in this 

matter on January 20, 2023. See ECF Nos. [13], [14]. During that Settlement Conference, the 

Parties reached an agreement (the “Settlement Agreement”). For the reasons stated at the 

Settlement Conference and below, the Court hereby APPROVES the settlement and orders the 

Clerk to CLOSE the case.

On November 2, 2022, a Complaint was filed against Defendants for violations of the Fair 

Labor Standards Act, 29 U.S.C. §§ 201 et seq. (“FLSA”). ECF No. [1]. The FLSA requires 

judicial review and the Court’s determination that the settlement agreement “is a fair and 

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reasonable resolution of a bona fide [FLSA] dispute[.]” Silva v. Miller, 307 F. App’x. 349, 351 

(11th Cir. 2009). If the settlement reflects a reasonable compromise over FLSA issues that are in 

dispute, the Court may approve the settlement “to promote the policy of encouraging settlement in 

litigation.” Lynn’s Food Stores, Inc. v. United States, 679 F.2d 1350, 1354 (11th Cir. 1982). The 

following factors are typically considered when determining whether a settlement is fair and 

reasonable: “(1) the 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 plaintiff’s success on the merits; (5) the range of possible 

recovery; and (6) the opinions of counsel.” Mason v. Wyndham Vacation Ownership, Inc., No. 

10-1805, 2012 WL 570060, at *2 (M.D. Fla. Feb. 17, 2012) (citation omitted); see also Dees v. 

Hydradry, Inc., 706 F. Supp. 2d 1227, 1241 (M.D. Fla. Apr. 19, 2010). 

The Court’s review also includes a “review of the reasonableness of 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 [the] settlement agreement.” Silva, 307 F. App’x.

at 351. In evaluating the reasonableness of the proposed attorneys’ fee recovery, the Court should 

also consider the possible range of the Plaintiff’s recovery as compared to the extent of success in 

obtaining the maximum recovery and whether that extent of success justifies the amount of 

counsel’s fee award. See Hensley v. Eckerhart, 461 U.S. 424, 438 (1983); Dees, 706 F. Supp. 2d 

at 1241, 1243. 

Here, at the conclusion of the Settlement Conference, the Parties entered into a settlement 

and the material terms were presented on the Court record. For the reasons stated on the record, 

the undersigned concludes that the resolution reached, including as to attorneys’ fees and costs, is 

a fair and reasonable compromise of the Plaintiff’s FLSA claims. 

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Accordingly, it is hereby ORDERED AND ADJUDGED that the Parties’ Settlement 

Agreement is APPROVED. It is further ORDERED AND ADJUDGED that the Clerk of Court 

shall close this case. It is further ORDERED AND ADJUDGED that this matter is hereby 

dismissed with prejudice and all pending motions are denied as moot.

The Clerk of the Court is instructed to CLOSE the case.

DONE AND ORDERED in Chambers in Miami, Florida on February 7, 2023.

___________________________________

JACQUELINE BECERRA

UNITED STATES MAGISTRATE JUDGE

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