Distefano v. Hampton Golf

The court addressed whether a proposed settlement of an FLSA claim was fair and reasonable pursuant to 29 U.S.C. sec. 216(b). The settlement provided for a compromise of plaintiff’s original claim of $33,300 down to $20,130.  The Joint Motion for Approval of Settlement requested an award of attorneys fees to plaintiff’s counsel that were negotated separately from the liability settlement amount.

The court found the settlement fair and reasonable based in part on the anticipated costs of electronic discovery.  The parties stipulated that, “This case would have been expensive to litigate through trial, particularly given the disputed issues and amount of electronic discovery, all of which would have been unlikely to definitively resolve this case in favor of either party.” The parties further noted that had the case gone to trial, both sides would have likely been required to obtain IT experts. The parties further noted that the amount of attorneys fees was negotiated separately from liability. The magistrate judge recommended that the district court approve the compromise settlement.

Joint Motion for Approval of Settlement

Report and Recommendation

Opinion and Order