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Date: 02-23-2023

Case Style:

Assade Vedrine, et al. v. American Sales Management Organization, LLC

Case Number: 0:21-cv-61527

Judge: William P. Dimitrouleas

Court: United States District Court for the Southern District of Florida (Broward County)

Plaintiff's Attorney:

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Defendant's Attorney: Liana De La Noval and Susan Potter Norton

Description: Fort Lauderdale, Florida civil rights lawyers represented Plaintiffs who sued Defendant on Fair Labor Standards Act violation theories.

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On September 13, 2019, Plaintiffs filed an Amended Complaint against their former employer, SP PLUS2 and BAGS, and one of its managers, Alvaro Silva, for overtime violations of the Fair Labor Standards Act, 29 U.S.C. § 201, et seq., ("FLSA") (Count I), breach of contract for recovery of earned unpaid wages (Count II), and violation of the Broward County Living Wage Ordinance, Broward County, FL Code of Ordinances § 26-100, et seq. (Count III). ECF No. [48].

Although the parties were ordered to participate in a settlement conference before a Magistrate Judge and were ordered to mediate as part of the regular administration of an FLSA case, it appears that no settlement of the matter was entertained by Defendants until after the Court's decision on summary judgment. At the summary judgment stage, the Court initially entered summary judgment in favor of Defendants on Counts II and III. ECF Nos. [146], [147]. However, the Court later filed an Amended Partial Final Judgment holding in Defendants' favor only on Count III and finding disputed issues of fact precluding summary judgement on both Counts I and II. ECF No. [174].

Thereafter, the jury trial, which was initially scheduled for March 31, 2020, was continued due to the COVID-19 pandemic. ECF Nos. [171], [201]. Plaintiffs requested a Settlement Conference before the undersigned during a telephonic hearing on April 6, 2020, and the District Court ordered the parties to attend a settlement conference before the undersigned. ECF No. [202].

On April 16, 2020, during the court-ordered settlement conference, the parties reached an agreement ("Settlement Agreement"). ECF No. [202]. The material terms of the Settlement Agreement are as follows: (1) Defendants shall pay Plaintiffs a total sum of $22,500.00 in settlement of Plaintiffs' wage claims in an allocation to be provided by Plaintiffs; (2) Plaintiffs are the prevailing parties under Count I (FLSA) and Count II (Breach of Contract) for purposes of entitlement to attorneys' fees and costs; (3) the amount of such attorneys' fees and costs was to be determined by the Court; and (4) Defendants waive any and all claims for entitlement to any attorneys' fees or costs against Plaintiffs, but Defendants do not waive the right to argue, in response to Plaintiffs' request for attorneys' fees and costs, that they prevailed as to Count III. ECF No. [220-2] at 2. After approving the Settlement Agreement, as required by the FLSA, this Court dismissed the case with prejudice and retained jurisdiction, as requested by the parties, to determine the amount of attorneys' fees and costs that were reasonable. ECF No. [221].

Outcome: Settled and dismissed with prejudice.

ORDER REFERRING MOTION TO TAX COSTS. REFERRING 46 Defendant's MOTION to Tax Costs filed by American Sales Management Organization, LLC d/b/a Eulen America. Motions referred to Judge Patrick M. Hunt for appropriate disposition or report and recommendation. Signed by Judge William P. Dimitrouleas on 2/23/2023. See attached document for full details. (mee) (Entered: 02/23/2023)

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