Atc fitness cape coral1/18/2024 ![]() ![]() The Motion states that the parties "voluntarily agreed to the terms of their settlement at the conclusion of the negotiations, and after a full-day mediation presided over by experienced wage and hour attorney and mediator, Mark Hanley of Glenn Rasmussen, P.A. Thus, it is not entirely clear whether these are the same, or different, positions. The proposed Notice, however, is addressed to "inside sales representatives." Doc. The Class, as defined in the Settlement Agreement, "means the collective group of those individuals who were employed by ATC as Membership Advisor for the period of January 2013 through December 2014." Doc. Four other putative Plaintiffs, Michael Alessi, Terrance Ford, Jennifer Holt and Maribel Santos, filed notices of consent to join, but Jennifer Holt since has filed a notice of withdrawal of her consent. § 201 et seq., seeking recovery of unpaid overtime and minimum wage compensation, liquidated damages and reasonable attorney's fees and costs arising out of his employment as a sales employee of Defendants. Plaintiff Kevin Vogenberger brought this claim for failure to pay overtime and minimum wages pursuant to the Fair Labor Standards Act ("FLSA"), 29 U.S.C. The parties' first motion for settlement approval was denied without prejudice because the parties failed to state that attorneys' fees were negotiated separately or offer a basis upon which the Court may approve an incentive payment to named Plaintiff Kevin Vogenberger, and thus the Court determined it could not approve the settlement as fair and reasonable. For the reasons that follow, the undersigned recommends that the Motion be granted, the settlement be approved, the Class Notice of Settlement be authorized for distribution and this case be dismissed with prejudice. The parties again seek approval of the agreement, authorization for the distribution of the proposed Class Notice of Settlement and dismissal of the case with prejudice. In order to expedite a final disposition of this matter, if the parties have no objection to this Report and Recommendation they promptly may file a joint notice of no objection.īefore the Court is the parties' Second Joint Motion for Approval of Settlement and Incorporated Memorandum of Law ("Motion") (Doc. CAROL MIRANDO United States Magistrate Judgeįailure to file written objections to the proposed findings and recommendations contained in this report within fourteen (14) days from the date of its filing shall bar an aggrieved party from attacking the factual findings on appeal.
0 Comments
Leave a Reply.AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |