Hennan v. Pegasus Residential, LLC, 6:18-cv-1459-Orl-41GJK. (2018)
Court: District Court, M.D. Florida
Number: infdco20181121b99
Visitors: 3
Filed: Nov. 20, 2018
Latest Update: Nov. 20, 2018
Summary: ORDER CARLOS E. MENDOZA , District Judge . THIS CAUSE is before the Court on the parties' Joint Motion Requesting Approval of Settlement ("Joint Motion," Doc. 17). United States Magistrate Judge Gregory J. Kelly submitted a Report and Recommendation ("R&R," Doc. 18), in which he recommends granting the Joint Motion, approving the settlement, and dismissing the case with prejudice. (Doc. 18 at 6). Judge Kelly found that Plaintiff will receive full compensation of her Fair Labor Standards Act
Summary: ORDER CARLOS E. MENDOZA , District Judge . THIS CAUSE is before the Court on the parties' Joint Motion Requesting Approval of Settlement ("Joint Motion," Doc. 17). United States Magistrate Judge Gregory J. Kelly submitted a Report and Recommendation ("R&R," Doc. 18), in which he recommends granting the Joint Motion, approving the settlement, and dismissing the case with prejudice. (Doc. 18 at 6). Judge Kelly found that Plaintiff will receive full compensation of her Fair Labor Standards Act ..
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ORDER
CARLOS E. MENDOZA, District Judge.
THIS CAUSE is before the Court on the parties' Joint Motion Requesting Approval of Settlement ("Joint Motion," Doc. 17). United States Magistrate Judge Gregory J. Kelly submitted a Report and Recommendation ("R&R," Doc. 18), in which he recommends granting the Joint Motion, approving the settlement, and dismissing the case with prejudice. (Doc. 18 at 6). Judge Kelly found that Plaintiff will receive full compensation of her Fair Labor Standards Act ("FLSA") claim and that the amount of attorney's fees and costs to be paid to Plaintiff's counsel to be reasonable and negotiated separately, without regard to the amount paid to Plaintiff for her FLSA claims. (Id. at 5-6). The parties have filed a Joint Notice of No Objection to the Magistrate Judge's Report and Recommendation (Doc. 19).
After a de novo review of the record, this Court agrees with the analysis in the R&R with one caveat: to the extent the Settlement Agreement purports to allow the parties to subsequently modify the Agreement, (see Doc. 17-1 at 5 ("Any change, modification or waiver of any provision of this Agreement must be in writing and signed by Employee and Employer.")), that language will be stricken. Pursuant to Lynn's Food Stores, Inc. v. United States, 679 F.2d 1350, 1355 (11th Cir. 1982), any future modifications to the Settlement Agreement is unenforceable absent judicial approval.
Therefore, it is ORDERED and ADJUDGED as follows:
1. The Report and Recommendation (Doc. 18) is ADOPTED and CONFIRMED and made a part of this Order.
2. To the extent the modification provision in the Agreement (Doc. 17-1 at 5) purports to allow the Settlement Agreement to be modified without Court approval, it is STRICKEN.
3. The Joint Motion Requesting Approval of Settlement (Doc. 17) is GRANTED, and the parties' Settlement Agreement is APPROVED.
4. This case is DISMISSED with prejudice.
5. The Clerk is directed to close this case.
DONE and ORDERED.
Source: Leagle