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CHHAY v. FAR EAST MARKET LLC, 3:15-cv-696-J-34MCR. (2015)

Court: District Court, M.D. Florida Number: infdco20151216b58 Visitors: 12
Filed: Dec. 15, 2015
Latest Update: Dec. 15, 2015
Summary: ORDER MARCIA MORALES HOWARD , District Judge . THIS CAUSE is before the Court on Magistrate Judge Monte C. Richardson's Report and Recommendation (Dkt. No. 17; Report), entered on December 2, 2015, recommending that the Joint Motion for Approval of Settlement Agreement (Dkt. No. 16; Motion) be granted, that the Settlement Agreement be approved, and that this case be dismissed with prejudice. See Report at 6. On December 3, 2015, the parties filed a notice advising the Court that they do
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ORDER

THIS CAUSE is before the Court on Magistrate Judge Monte C. Richardson's Report and Recommendation (Dkt. No. 17; Report), entered on December 2, 2015, recommending that the Joint Motion for Approval of Settlement Agreement (Dkt. No. 16; Motion) be granted, that the Settlement Agreement be approved, and that this case be dismissed with prejudice. See Report at 6. On December 3, 2015, the parties filed a notice advising the Court that they do not have any opposition to the Report. See Joint Notice of Non-Opposition to Report and Recommendation (Dkt. No. 18; Notice).

The Court "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C. § 636(b). If no specific objections to findings of facts are filed, the district court is not required to conduct a de novo review of those findings. See Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993); see also 28 U.S.C. § 636(b)(1). However, the district court must review legal conclusions de novo. See Cooper-Houston v. Southern Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994); United States v. Rice, No. 2:07-mc-8-FtM-29SPC, 2007 WL 1428615, at * 1 (M.D. Fla. May 14, 2007).

The Court has conducted an independent examination of the record in this case and a de novo review of the legal conclusions. Plaintiff filed suit against Defendants pursuant to the Fair Labor Standards Act, 29 U.S.C. § 201 et seq. (FLSA), seeking recovery of unpaid back wages. See Complaint (Dkt. No. 1). Thereafter, the parties engaged in settlement negotiations, which resulted in a resolution of the issues and claims raised in this case. See Motion (Dkt. No. 16). Upon review of the record, including the Report, Motion, and Settlement Agreement, the undersigned concludes that the settlement represents a "reasonable and fair" resolution of Plaintiff's FLSA claims.1 Accordingly, the Court will accept and adopt Judge Richardson's Report.

In light of the foregoing, it is hereby ORDERED:

1. Magistrate Judge Monte C. Richardson's Report and Recommendation (Dkt. No. 17) is ADOPTED as the opinion of the Court.2

2. The Joint Motion for Approval of Settlement Agreement (Dkt. No. 17) is GRANTED.

3. For purposes of satisfying the FLSA, the Settlement Agreement is APPROVED.

4. This case is DISMISSED WITH PREJUDICE.

5. The Clerk of the Court is directed to terminate any pending motions or deadlines as moot and close this file.

DONE AND ORDERED.

FootNotes


1. The Court observes that the Report reflects that Plaintiff sought "$22,299.84 in overtime wages plus $44,599.68 in liquidated damages." Report at 5, n.2. However, Plaintiff actually sought $22,299.84 in overtime wages and an equivalent amount in liquidated damages for a total claim of $44,599.68. See Motion at 6.
2. In doing so, the Court corrects Footnote 2 on Page 5 of the Report to reflect Plaintiff's claim of $22,299.84 in liquidated damages and a total claim of $44,599.68 as set forth above.
Source:  Leagle

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