Gaborik v. Taylor-Ray, 2:18-cv-166-FtM-38MRM. (2019)
Court: District Court, M.D. Florida
Number: infdco20191218d41
Visitors: 29
Filed: Dec. 17, 2019
Latest Update: Dec. 17, 2019
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . Before the Court is United States Magistrate Judge Mac R. McCoy's Report and Recommendation (the "R&R"). (Doc. 54). Judge McCoy recommends granting the parties' second Joint Motion for Approval of Settlement Agreement (Doc. 53) and approving the Settlement Agreement and Full and Final Release of Claims (Doc. 53-1) "as a fair and reasonable resolution of the parties' bona fide dispute under the FLSA." (Doc. 54 at 7). Neither party filed a t
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . Before the Court is United States Magistrate Judge Mac R. McCoy's Report and Recommendation (the "R&R"). (Doc. 54). Judge McCoy recommends granting the parties' second Joint Motion for Approval of Settlement Agreement (Doc. 53) and approving the Settlement Agreement and Full and Final Release of Claims (Doc. 53-1) "as a fair and reasonable resolution of the parties' bona fide dispute under the FLSA." (Doc. 54 at 7). Neither party filed a ti..
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ORDER1
SHERI POLSTER CHAPPELL, District Judge.
Before the Court is United States Magistrate Judge Mac R. McCoy's Report and Recommendation (the "R&R"). (Doc. 54). Judge McCoy recommends granting the parties' second Joint Motion for Approval of Settlement Agreement (Doc. 53) and approving the Settlement Agreement and Full and Final Release of Claims (Doc. 53-1) "as a fair and reasonable resolution of the parties' bona fide dispute under the FLSA." (Doc. 54 at 7). Neither party filed a timely objection. So the matter is ripe for review.
A district judge "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)(1); see also Williams v. Wainwright, 681 F.2d 732, 732 (11th Cir. 1982). The district judge "shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which an objection is made." 28 U.S.C. § 636(b)(1); see also Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993). The district judge reviews legal conclusions de novo, even in the absence of an objection. Cooper-Houston v. S. Ry., 37 F.3d 603, 604 (11th Cir. 1994).
After a careful and independent examination of the file, and after considering Judge McCoy's findings and recommendations, the Court accepts and adopts the R&R in full.
Accordingly, it is now ORDERED:
1. The Report and Recommendation (Doc. 54) is ACCEPTED and ADOPTED and the findings incorporated herein.
a. The parties' second Joint Motion for Approval of Settlement Agreement (Doc. 53) is GRANTED. Thus, the parties' first Joint Motion for Approval of Settlement Agreement (Doc. 51) is DENIED as moot.
b. The Settlement Agreement and Full and Final Release of Claims (Doc. 53-1) is APPROVED "as a fair and reasonable resolution of the parties' bona fide dispute under the FLSA."
2. The case is DISMISSED with prejudice.
3. The Clerk is DIRECTED to enter judgment, terminate any pending motions and deadlines, and close the file.
DONE and ORDERED.
FootNotes
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Source: Leagle
