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Dreasher v. Paul E. Walsh Trucking, Inc., 6:17-cv-1288-Orl-41TBS. (2018)

Court: District Court, M.D. Florida Number: infdco20180223c13 Visitors: 3
Filed: Feb. 22, 2018
Latest Update: Feb. 22, 2018
Summary: ORDER CARLOS E. MENDOZA , District Judge . THIS CAUSE is before the Court on the parties' Joint Motion for Approval of Settlement ("Motion," Doc. 19). United States Magistrate Judge Thomas B. Smith submitted a Report and Recommendation ("R&R," Doc. 22), recommending that the Court grant the Motion, approve the Settlement Agreements (Doc. 19-1), and dismiss this case. The parties have filed a Joint Notice of Non-Objection (Doc. 23). After a de novo review of the record, this Court agrees
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ORDER

THIS CAUSE is before the Court on the parties' Joint Motion for Approval of Settlement ("Motion," Doc. 19). United States Magistrate Judge Thomas B. Smith submitted a Report and Recommendation ("R&R," Doc. 22), recommending that the Court grant the Motion, approve the Settlement Agreements (Doc. 19-1), and dismiss this case. The parties have filed a Joint Notice of Non-Objection (Doc. 23).

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 Agreements purport to allow the parties to subsequently modify the Agreement, (see Doc. 19-1 at 7, 15, 23 ("This Agreement may not be modified, altered, or changed except upon express written consent of all Parties wherein specific reference is made to this Agreement.")), 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 Agreements are unenforceable absent judicial approval. Therefore, it is ORDERED and ADJUDGED as follows:

1. The Report and Recommendation (Doc. 22) is ADOPTED and CONFIRMED as set forth herein.

2. To the extent the modification provision in each Agreement (Doc. 19-1 at 7, 15, 23) purports to allow the Settlement Agreement to be modified without Court approval, it is STRICKEN.

3. The parties' Joint Motion for Approval of Settlement (Doc. 19) is GRANTED; the Settlement Agreements, as amended by this Court, are APPROVED; and this case is DISMISSED with prejudice.

4. The Clerk is directed to close this case.

DONE anc ORDERED.

Source:  Leagle

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