WILLIAMS
v.
RIPA & ASSOCIATES, L.L.C.
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The Court approves the parties' settlement agreement and dismisses the case with prejudice.
Plaintiff sued his former employers for discrimination, harassment, retaliation, and unpaid overtime wages. The parties reached a settlement, and now …
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This matter comes before the Court upon consideration of the parties’ Joint Motion for Approval of Settlement and to Dismiss the Case with Prejudice, (Doc. # 24), filed on April 9, 2021. The Court grants the Motion and dismisses this case with prejudice.
I. Background
Plaintiff Abner Williams initiated this action against his former employers, Ripa & Associates, LLC and Florida Asphalt Contractors, LLC, on August 25, 2020. (Doc. # 1). The complaint alleges discrimination, harassment, and retaliation in violation of 42 U.S.C. § 1981, Title VII, and the Florida Civil Rights Act, as well as unpaid overtime wages in violation of the Fair Labor Standards Act (FLSA). (Id.).
On March 25, 2021, the parties filed a joint notice of settlement indicating they had resolved all claims in this case. (Doc. # 22). Now, the parties move for the Court’s approval of the settlement as it pertains to the FLSA claim. (Doc. # 24).
II. Analysis
In his complaint, Williams alleges that Defendants violated the overtime wage provisions of the FLSA. (Doc. # 1 at 22).
Accordingly, the settlement between the parties is
subject to judicial scrutiny. See Lynn’s Food Stores, Inc. v. United States, 679 F. 2d 1350, 1353 (11th Cir. 1982). The parties have reached a settlement wherein it is agreed that Williams will receive $170.10 in unpaid overtime wages, and an equal amount in liquidated damages. (Doc. # 24 at 2). The parties represent that this figure “represents full payment to [Williams] of all alleged unpaid wages under the FLSA,” and Williams “agrees he is being fully compensated for a reasonable estimate of his alleged unpaid wages.” (Id. at 4, 6). It has also been agreed that William’s counsel will receive $325.00 in attorneys’ fees and costs. (Id. at 2).
The parties represent that this figure was “negotiated separately from the amounts claimed by [Williams] for his underlying claims and are not a function of any percentage of recovery.” (Id. at 7). Therefore, pursuant to Bonetti v. Embarq Management Company, 715 F. Supp. 2d 1222, 1228 (M.D. Fla. 2009), and other governing law, the Court approves the compromise reached by the parties in an effort to amicably settle this case.1 The settlement is fair on its face and represents a reasonable compromise of the parties’ dispute. Since the parties represent that the matter is “fully
resolved,” (Doc. # 24 at 3), the Court finds it appropriate to dismiss this case with prejudice.
Accordingly, it is ORDERED, ADJUDGED, and DECREED that: (1) The parties’ Joint Motion for Approval of Settlement and to Dismiss the Case with Prejudice (Doc. # 24) is
GRANTED.
(2) The parties’ settlement is approved. This case is
DISMISSED WITH PREJUDICE.
(3) The Clerk is directed to CLOSE THE CASE. DONE and ORDERED in Chambers, in Tampa, Florida, this 16th day of April, 2021.
VIRGINIA M. HERNANDEZ’COVINGTON
UNITED STATES DISTRICT JUDGE
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- O'Neal v. Am. Shaman Franchise Sys., Inc., 679 F. 2d 1350 (11th Cir. 2026)
- Bonetti v. Embarq Mgmt. Co., 715 F. Supp. 2d 1222 (M.D. Fla. 2009)