DESIMONI v. TBC CORPORATION, 2:15-cv-366-FtM-38CM. (2017)
Court: District Court, M.D. Florida
Number: infdco20170919833
Visitors: 3
Filed: Sep. 18, 2017
Latest Update: Sep. 18, 2017
Summary: OPINION AND ORDER 1 SHERI POLSTER CHAPPELL , District Judge . This matter comes before the Court on consideration of United States Magistrate Judge Carol Mirando's Report and Recommendation (Doc. 177), filed on September 5, 2017, recommending that the parties' Joint Motion to Lift Stay, Approve Settlement and for Dismissal (Doc. 176) be granted, the parties' Settlement Agreement (Doc. 176-1) be approved, and the case dismissed with prejudice. Judge Mirando also recommends that the Court d
Summary: OPINION AND ORDER 1 SHERI POLSTER CHAPPELL , District Judge . This matter comes before the Court on consideration of United States Magistrate Judge Carol Mirando's Report and Recommendation (Doc. 177), filed on September 5, 2017, recommending that the parties' Joint Motion to Lift Stay, Approve Settlement and for Dismissal (Doc. 176) be granted, the parties' Settlement Agreement (Doc. 176-1) be approved, and the case dismissed with prejudice. Judge Mirando also recommends that the Court di..
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OPINION AND ORDER1
SHERI POLSTER CHAPPELL, District Judge.
This matter comes before the Court on consideration of United States Magistrate Judge Carol Mirando's Report and Recommendation (Doc. 177), filed on September 5, 2017, recommending that the parties' Joint Motion to Lift Stay, Approve Settlement and for Dismissal (Doc. 176) be granted, the parties' Settlement Agreement (Doc. 176-1) be approved, and the case dismissed with prejudice. Judge Mirando also recommends that the Court dismiss Opt-In Plaintiffs James Bargeron and Rex Earls as they have withdrawn their consent to join this collective action. (Doc. 173; Doc. 174). The parties filed a Joint Notice of Non-Objection (Doc. 178) on September 6, 2017.
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). The district judge "shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made." Id. And "[t]he judge may also receive further evidence or recommit the matter to the magistrate judge with instructions." Id.
After examining the file carefully and independently, and upon considering Judge Mirando's findings and recommendations, the Court accepts and adopts the Report and Recommendation.
Accordingly, it is now ORDERED:
(1) The Report and Recommendation (Doc. 177) is ACCEPTED and ADOPTED and the findings incorporated herein.
(2) Opt-In Plaintiffs James Bargeron and Rex Earls are dismissed from this action without prejudice.
(3) The Joint Motion to Approve Settlement and Dismiss with Prejudice (Doc. 176) is GRANTED and the Settlement Agreement (Doc. 176-1) is APPROVED. This action is DISMISSED with prejudice.
(4) The Clerk is DIRECTED to enter lift the stay of this matter and thereafter enter judgment accordingly, terminate any pending deadlines and motions, and close the file.
DONE and ORDERED.
FootNotes
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Source: Leagle
