Filed: Mar. 17, 2020
Latest Update: Mar. 17, 2020
Summary: ORDER CARLOS E. MENDOZA , District Judge . THIS CAUSE is before the Court on the Joint Motion for Entry of Order Approving Settlement and Dismissing Case with Prejudice ("Joint Motion," Doc. 45). United States Magistrate Judge David A. Baker issued a Report and Recommendation ("R&R," Doc. 47), in which he recommends granting in part the Joint Motion by approving the Settlement Agreement (Doc. 45-1) but striking the modification provision. 1 ( See generally Doc. 47). Plaintiff filed a Noti
Summary: ORDER CARLOS E. MENDOZA , District Judge . THIS CAUSE is before the Court on the Joint Motion for Entry of Order Approving Settlement and Dismissing Case with Prejudice ("Joint Motion," Doc. 45). United States Magistrate Judge David A. Baker issued a Report and Recommendation ("R&R," Doc. 47), in which he recommends granting in part the Joint Motion by approving the Settlement Agreement (Doc. 45-1) but striking the modification provision. 1 ( See generally Doc. 47). Plaintiff filed a Notic..
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ORDER
CARLOS E. MENDOZA, District Judge.
THIS CAUSE is before the Court on the Joint Motion for Entry of Order Approving Settlement and Dismissing Case with Prejudice ("Joint Motion," Doc. 45). United States Magistrate Judge David A. Baker issued a Report and Recommendation ("R&R," Doc. 47), in which he recommends granting in part the Joint Motion by approving the Settlement Agreement (Doc. 45-1) but striking the modification provision.1 (See generally Doc. 47). Plaintiff filed a Notice of Non-Objection (Doc. 48).
After a de novo review of the record, and noting that no objections were timely filed, this Court agrees with the analysis set forth in the R&R with one exception. The Settlement Agreement requests that the Court retain jurisdiction to enforce the agreement. Courts in this district routinely deny requests to retain jurisdiction to enforce the terms of an FLSA settlement agreement. See, e.g., Correa v. Goldblatt, No. 6:10-cv-1656-Orl-28DAB, 2011 WL 4596224, at *3 (M.D. Fla. Sept. 9, 2011), Report and Recommendation adopted by, 2011 WL 4704196 (M.D. Fla. Oct. 4, 2011); Smither v. Dolphin Pools of SW Fla., Inc., No. 2:11-cv-65-FtM-29DNF, 2011 WL 2565494, at *2 (M.D. Fla. June 9, 2011), Report and Recommendation adopted by, 2011 WL 2580459 (M.D. Fla. June 29, 2011). The parties have not given any compelling reason why the Court should retain jurisdiction over this case, and therefore the Court declines to do so.
Therefore, it is ORDERED and ADJUDGED as follows:
1. The Report and Recommendation (Doc. 47) is ADOPTED and CONFIRMED and made a part of this Order.
2. The Joint Motion for Entry of Order Approving Settlement and Dismissing Case with Prejudice (Doc. 45) is GRANTED in part.
a. To extent that the modification provision of the Settlement Agreement (Doc. 45-1 at 6, ¶ 14) permits the parties to modify the agreement without Court approval, it is STRICKEN.
3. As modified herein, the parties' Settlement Agreement (Doc. 45-1) is APPROVED.
4. This case is DISMISSED with prejudice.
5. The Court declines to retain jurisdiction over the Settlement Agreement.
6. The Clerk is directed to close this case.
DONE and ORDERED.
