Reiner, Jr. v. All Keys Concrete, LLC et al
| Frank Reiner, Jr. |
| All Keys Concrete, LLC, J.A. Larocco Enterprises, Inc. and John Larocco |
| 4:2023cv10044 |
| June 15, 2023 |
| US District Court for the Southern District of Florida |
| Lauren Fleischer Louis |
| K Michael Moore |
| Labor: Fair Standards |
| 29 U.S.C. § 0201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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Filing 11
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Plaintiff's Motion for Approval of Settlement. #10 .The Fair Labor Standards Act, 29 U.S.C. 201 et seq. (the "FLSA"), requires judicial review and the court's determination that the settlement agreement "is a fair and reasonable resolution of a bona fide [FLSA] dispute[.]" Silva v. Miller, 307 F. App'x 349, 351 (11th Cir. 2009). This includes "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." Id. The framework for assessing the reasonableness of an FLSA settlement agreement should include, among other things, analysis of: (1) the existence of fraud or collusion; (2) the complexity and duration of the litigation; and (3) the stage of the proceedings upon settlement. See Dees v. Hydradry, Inc., 706 F. Supp. 2d 1227, 1241 (M.D. Fla. 2010). In evaluating specifically the reasonableness of the proposed attorney's 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. In the Motion, Plaintiff specifies its counsel's hours, fees and costs. See #10 at 3. Plaintiff will receive $25,000.00 in total for unpaid overtime claims and liquidated damages. See #10 ) at 2. Plaintiff's counsel will receive $5,352.00 as part of the settlement, See id. at 3-4. The Court does not find this hourly rate excessive given Plaintiffs Counsel Angeli Murthy, Esq.s almost 20 years of experience, see, e.g., Araujo v. C.R.C. Car Rental Inc., 2017 WL 3382315, at *1 (S.D. Fla. Aug. 4, 2017) ("[T]he requested $395 hourly rate for Mr. Pollock, who has over 17 years of experience, is not excessive."). Finally, Defendants will pay Plaintiff an additional $1,000.00 for a general release of claims from Plaintiff, and an acknowledgement from Defendants that they have no known existing, or planned claims against Plaintiff, and will not bring any action against Plaintiff based on any facts known to date. Mot. at 2. Based on the foregoing, the Court finds that the settlement is fair and reasonable. UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the settlement is APPROVED. Plaintiff's Complaint #1 is hereby DISMISSED WITH PREJUDICE. The Court retains jurisdiction to enforce the terms of the Parties' settlement agreement. Signed by Judge K. Michael Moore on 7/18/2023. (rhr)
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| Filing 10 Plaintiff's MOTION for Settlement Approval and to Dismiss with Prejudice by Frank Reiner, Jr. Responses due by 7/31/2023 (Attachments: #1 Exhibit A- Settlement Agreement, #2 Text of Proposed Order)(Murthy, Angeli) |
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Filing 9
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Parties' Notice of Settlement. (ECF No. #8 ). Therein, the Parties state that a settlement has been reached. See id. The Parties are hereby directed to file a stipulation of dismissal of all claims signed by all parties pursuant to Rule 41(a) of the Federal Rules of Civil Procedure within thirty (30) days from the date of this Notice. If such papers are not filed within the time specified, this matter will be dismissed and the Court will be divested of jurisdiction to enforce the settlement agreement. The Clerk of Court is INSTRUCTED to ADMINISTRATIVELY CLOSE this case. All pending motions, if any, are DENIED AS MOOT. Signed by Judge K. Michael Moore on 7/7/2023. (rhr)
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| Filing 8 NOTICE of Settlement by Frank Reiner, Jr (Murthy, Angeli) |
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Filing 7
PAPERLESS ORDER upon referral for Settlement Conference. This case has been referred to the undersigned for a settlement conference. Counsel for the Parties are hereby ORDERED to meet and confer to determine possible dates on which to conduct the settlement conference in accordance with the District Court's order of referral. Within fourteen days of the appearance of Defendants, Plaintiff's counsel shall file a Notice, identifying three (3) mutually agreed upon dates for a settlement conference in accordance with the District Court's Order, (ECF No. 5). Following the submission of proposed dates, I will enter an order setting the settlement conference. It is incumbent upon the Plaintiff to timely seek any extension of the time to conduct a settlement conference, in the event no appearance has been entered by Defendants prior to the deadline to conduct a settlement conference. Signed by Magistrate Judge Lauren Fleischer Louis on 6/16/2023. (as06)
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Filing 6
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE LAUREN F. LOUIS. PURSUANT to 28 U.S.C. 636 and the Magistrate Judge Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Lauren F. Louis to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Lauren F. Louis's discovery procedures. Signed by Judge K. Michael Moore on 6/16/2023. (rhr)
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Filing 5
PAPERLESS NOTICE OF COURT PRACTICE IN FAIR LABOR STANDARDS ACT CASES AND REFERRAL TO MAGISTRATE JUDGE FOR SETTLEMENT CONFERENCE. This is a Fair Labor Standards Act case in which Plaintiff seeks unpaid wages. In order to assist the Court in the management of the case, and in an effort to foster its early and cost effective resolution, the Parties are hereby ordered that: 1. Plaintiff shall file a Statement of Claim (the Statement) setting forth the amount of alleged unpaid wages, the calculation of such wages, and the nature of the wages (e.g., overtime or regular) within twenty (20) days from the date of this Notice. Plaintiff shall promptly serve a copy of this Notice, the Statement, and copies of all documents supporting Plaintiff's claims (e.g., time sheets, pay stubs, etc.), on Defendant's counsel when counsel for Defendant first appears in the case or at the time of filing if Defendant's counsel has already appeared. The Statement shall include all attorney's fees and costs incurred to date. With respect to attorney's fees, provide the hourly rate sought and the number of hours expended by each person billing time. 2. Defendant shall file a Response within fifteen (15) days of receiving service of Plaintiff's statement. This Response shall set forth in detail Defendant's defenses to Plaintiff's claims. Defendant shall serve copies of all documents in support thereof on Plaintiff. 3. Referral to Magistrate for Settlement Conference. Pursuant to Rule 1 of the Magistrate Judge Rules of the Southern District of Florida, the Parties shall conduct a Settlement Conference before Magistrate Judge Lauren F. Louis within twenty (20) days after the date that Defendant's Response is due. Plaintiff's counsel must confer with defense counsel and contact the Chambers of Magistrate Judge Lauren F. Louis on, or before, the date that Defendant's Response is due to schedule a date for the Settlement Conference. The Settlement Conference date may not be extended without prior approval from Magistrate Judge Louis. Absent an extension from Magistrate Judge Louis, the Parties shall complete their Settlement Conference within fifty-five (55) days of this Notice. If the Parties reach an agreement during the Settlement Conference the Parties shall file the agreement with the undersigned within five (5) days of the Settlement Conference. If the Parties wish to file the settlement agreement as a sealed document, they must file a Motion to Seal that provides compelling reasons for the Court to allow them to do so. See Brown v. Advantage Eng'g, Inc., 960 F.2d 1013, 1016 (11th Cir. 1992) ("If a settlement agreement is filed with the court for approval or interpretation, then the parties must demonstrate extraordinary circumstances in order to deny the public access to the agreement."); see also Hanson v. Wells Fargo Bank, N.A., No. 08-80182-CIV, 2009 WL 1490582, at *1 (S.D. Fla. May 26, 2009) ("'[A] business's general interest in keeping its legal proceedings private does not overcome the presumption of openness' in FLSA cases.") (citing Stalnaker v. Novar Corp., 293 F. Supp. 2d 1260, 1264 (M.D. Ala. 2003)). The undersigned will review the agreement and determine whether it is a fair and reasonable resolution of a bona fide dispute over FLSA issues. See Lynn's Food Stores, Inc. v. United States, 679 F.2d 1350 (11th Cir. 1982). If the Court approves the settlement, the Court will enter a final order of dismissal with prejudice. If no settlement is reached, the Parties shall file a Joint Scheduling Report within fourteen (14) days after the Settlement Conference. 4. Except as provided under Local Rule 16.2.E for public-sector entities, the appearance of counsel and each party, or representatives of each party with full authority to enter into a full and complete compromise and settlement, is mandatory. Appearance shall be in person; telephonic appearance is prohibited. If insurance is involved, an adjuster with authority up to the policy limits or the most recent demand, whichever is lower, shall attend. 5. All discussions, representations and statements made at the settlement conference shall be confidential and privileged. Nothing disclosed in the settlement conference can be used for any purpose except settlement. 6. Settlement. If this case is settled, counsel must inform the Court within three (3) days by calling Chambers. The parties are hereby on notice that this Court requires all filings to be formatted in 12 point Times New Roman font and double spaced, including any footnotes, with one inch margins on all sides. Failure to follow these formatting guidelines may result in the filing being stricken, any opposing filing being granted by default, and the imposition of other sanctions, including attorney's fees and costs. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. The parties shall seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing.... Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted). Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's Local Rules and Internal Operating Procedures, within three (3) days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court. Non-compliance with any provision of this Order, the Federal Rules of Civil Procedure, and/or the Local Rules of Court, may subject the offending party to sanctions or dismissal. It is the duty of all counsel to take all actions necessary to comply with this Order to ensure an expeditious resolution of this matter. Signed by Judge K. Michael Moore on 6/16/2023. (rhr)
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| Filing 4 NOTICE OF CONSENT TO JOIN as party plaintiff. Party(s) FRANK REINER, JR. added to plaintiffs group of record, represented by Angeli Murthy. (Attachments: #1 Exhibit A- Consent to Join of Frank Reiner, Jr.) (Murthy, Angeli) |
| Filing 3 Summons Issued as to ALL KEYS CONCRETE, LLC, J.A. LAROCCO ENTERPRISES, INC., JOHN LAROCCO. (nwn) |
| Filing 2 Clerks Notice of Judge Assignment to Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lauren F. Louis is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (nwn) |
| Filing 1 COMPLAINT AND DEMAND FOR JURY TRIAL against ALL KEYS CONCRETE, LLC, J.A. LAROCCO ENTERPRISES, INC., JOHN LAROCCO. Filing fees $ 402.00 receipt number AFLSDC-16697559, filed by FRANK REINER, JR.. (Attachments: #1 Exhibit A- All Keys Concrete Website, #2 Exhibit B - All Keys Concrete, LLC Division of Corporations Listing, #3 Exhibit C- J.A. LaRocco Enterprises, Inc. Division of Corporations Listing, #4 Exhibit D- Employment Agreement, #5 Civil Cover Sheet, #6 Summon(s) - All Keys Concrete, LLC, #7 Summon(s) - J.A. LaRocco Enterprises, Inc., #8 Summon(s) - John LaRocco)(Murthy, Angeli) |
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