Filed: Sep. 20, 2016
Latest Update: Sep. 20, 2016
Summary: OPINION AND ORDER JOHN E. STEELE , Senior District Judge . This matter is before the Court on consideration of the Magistrate Judge's Report and Recommendation (Doc. #65), filed August 30, 2016, recommending that the Renewed Joint Motion for Judicial Approval of the Parties' Settlement Agreements be granted and the Settlement Agreements be approved as a fair and reasonable resolution of a bona fide dispute under the FLSA. No objections have been filed and the time to do so has expired. Af
Summary: OPINION AND ORDER JOHN E. STEELE , Senior District Judge . This matter is before the Court on consideration of the Magistrate Judge's Report and Recommendation (Doc. #65), filed August 30, 2016, recommending that the Renewed Joint Motion for Judicial Approval of the Parties' Settlement Agreements be granted and the Settlement Agreements be approved as a fair and reasonable resolution of a bona fide dispute under the FLSA. No objections have been filed and the time to do so has expired. Aft..
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OPINION AND ORDER
JOHN E. STEELE, Senior District Judge.
This matter is before the Court on consideration of the Magistrate Judge's Report and Recommendation (Doc. #65), filed August 30, 2016, recommending that the Renewed Joint Motion for Judicial Approval of the Parties' Settlement Agreements be granted and the Settlement Agreements be approved as a fair and reasonable resolution of a bona fide dispute under the FLSA. No objections have been filed and the time to do so has expired.
After conducting a careful and complete review of the findings and recommendations, a district judge may accept, reject or modify the magistrate judge's report and recommendation. 28 U.S.C. § 636(b)(1); Williams v. Wainwright, 681 F.2d 732 (11th Cir. 1982), cert. denied, 459 U.S. 1112 (1983). In the absence of specific objections, there is no requirement that a district judge review factual findings de novo, Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993), and the court may accept, reject or modify, in whole or in part, the findings and recommendations. 28 U.S.C. § 636(b)(1)(C). The district judge reviews legal conclusions de novo, even in the absence of an objection. See Cooper-Houston v. Southern Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994); Castro Bobadilla v. Reno, 826 F.Supp. 1428, 1431-32 (S.D. Fla. 1993), aff'd, 28 F.3d 116 (11th Cir. 1994) (Table).
After conducting an independent examination of the file and upon due consideration of the Report and Recommendation, the Court accepts the Report and Recommendation of the magistrate judge.
Accordingly, it is now
ORDERED:
1. The Report and Recommendation (Doc. #65) is hereby adopted and the findings incorporated herein.
2. The parties' Renewed Joint Motion for Judicial Approval of the Parties' Settlement Agreements and for Dismissal with Prejudice as to named Plaintiffs (Doc. #64) is granted and the Settlement Agreement and General Release (Doc. #64-1, 64-2) is approved as a fair and reasonable resolution of a bona fide dispute.
3. The Clerk shall enter judgment dismissing with prejudice all claims asserted in this action by Plaintiffs Nevin Meyer and Stefan Meyer.
4. Plaintiffs Nevin Meyer and Stefan Meyer's Motion to Conditionally Certify a Collective Action Pursuant to 29 U.S.C. § 216(B) and Motion for Equitable Tolling of the Statute of Limitations and Incorporated Memorandum of Law (Doc. #30) and defendant's Motion to Stay Determination of Plaintiffs' Motion to Conditionally Certify Collective Action (and for Equitable Tolling of the Statute of Limitations) or, in the Alternative, Motion for Extension of Time to File Response (Doc. #31) are denied as moot.
DONE and ORDERED.
