Budanio

MEMORANDUM **

In this Fair Labor Standards Act (“FLSA”) case, Defendants Saipan Marine Tours, Inc. and John M. San Nicholas appeal from a default judgment awarding attorney’s fees and costs to Plaintiffs. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

After Defendants failed to file a timely response to Plaintiffs’ complaint, Plaintiffs requested entry of Defendants’ default, *710 which was entered on December 11, 1998. Shortly thereafter, Plaintiffs, without informing their counsel, settled their FLSA claims with Defendants, agreeing to dismiss their lawsuit. On December 14,1998, Plaintiffs, with assistance from Defendants’ counsel, filed a “Notice of Voluntary Dismissal” under Fed.R.Civ.P. 41(a)(1). When Plaintiffs’ counsel learned of the dismissal, he attempted to contact his clients, but was unable to locate them. After learning the circumstances surrounding the settlement and dismissal, Plaintiffs’ counsel moved to vacate the dismissal under Fed.R.Civ.P. 60(b). While the motion to vacate was pending, the district court ordered Defendants to provide the court with certain material explaining the settlement discussions. Although Defendants filed a copy of…