ORDER

PAUL G. BYRON, District Judge.

This cause is before the Court on the Renewed Joint Motion for Approval of the Settlement and Dismissal of Claims with Prejudice (Doc. 24) filed on October 3, 2016. The United States Magistrate Judge has submitted a report recommending that the motion be denied. However, the United States Magistrate Judge alternatively recommended that if the Court determines that the amount to be paid to Aldecoa's attorneys is reasonable, that the Court determine whether any of the provisions of the Settlement Agreement render the settlement unfair under Lynn's Food for the reasons stated in the Report and Recommendation. (Doc. 25).

After an independent de novo review of the record in this matter, and noting that a Notice of Non-Objection1 (Doc. 26) was filed, the Court agrees partially with the findings of fact and conclusions of law in the Report and Recommendation.

Therefore, it is ORDERED as follows:

1. The Report and Recommendation filed October 26, 2016 (Doc. 25), is ADOPTED and CONFIRMED in part and made a part of this Order.

2. The language allowing subsequent written modification of the Settlement Agreement from paragraph 16 of the agreement is STRICKEN.

3. The Court FINDS the settlement agreement of the FLSA claim, as modified, is a fair and reasonable resolution of a bona fide dispute over FLSA provisions, Lynn's Food Stores, 679 F.2d at 1354.

4. The Renewed Joint Motion for Approval of the Settlement and Dismissal of Claims with Prejudice (Doc. 24) is GRANTED in part. The Court declines to reserve jurisdiction to enforce the Settlement Agreement.

5. Counsel for Aldecoa is PROHIBITED from withholding any of the amounts payable to Aldecoa under the Settlement Agreement.

6. The case is DISMISSED with prejudice.

7. The Clerk is DIRECTED to close the file.