Fuentes v. St. Abanoub Group, Inc., 6:16-cv-1616-Orl-41DCI. (2018)
Court: District Court, M.D. Florida
Number: infdco20180322c44
Visitors: 7
Filed: Mar. 21, 2018
Latest Update: Mar. 21, 2018
Summary: ORDER CARLOS E. MENDOZA , District Judge . THIS CAUSE is before the Court on the parties' Amended Joint Motion for Approval of Settlement Agreement ("Motion," Doc. 36). United States Magistrate Judge Daniel C. Irick submitted a Report and Recommendation (Doc. 38), recommending that the Court grant the Motion. After a de novo review, and noting that no objections were timely filed, the Court agrees with the analysis in the Report and Recommendation, with the addition of the following cave
Summary: ORDER CARLOS E. MENDOZA , District Judge . THIS CAUSE is before the Court on the parties' Amended Joint Motion for Approval of Settlement Agreement ("Motion," Doc. 36). United States Magistrate Judge Daniel C. Irick submitted a Report and Recommendation (Doc. 38), recommending that the Court grant the Motion. After a de novo review, and noting that no objections were timely filed, the Court agrees with the analysis in the Report and Recommendation, with the addition of the following cavea..
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ORDER
CARLOS E. MENDOZA, District Judge.
THIS CAUSE is before the Court on the parties' Amended Joint Motion for Approval of Settlement Agreement ("Motion," Doc. 36). United States Magistrate Judge Daniel C. Irick submitted a Report and Recommendation (Doc. 38), recommending that the Court grant the Motion.
After a de novo review, and noting that no objections were timely filed, the Court agrees with the analysis in the Report and Recommendation, with the addition of the following caveat: to the extent that the Settlement Agreement purports to allow the parties to subsequently modify the Agreement, (see Doc. 36-1 ¶ 11), that language will be stricken, (id. ¶ 8 (severability provision)). Pursuant to Lynn's Food Stores, Inc. v. United States, 679 F.2d 1350, 1355 (11th Cir. 1982), any future modifications to the Settlement Agreement are unenforceable absent judicial approval.
Therefore, it is ORDERED and ADJUDGED as follows:
1. The Report and Recommendation (Doc. 38) is ADOPTED and CONFIRMED as set forth herein.
2. To the extent the modification provision (Doc. 36-1 ¶ 11) purports to allow the Settlement Agreement to be modified without Court approval, it is STRICKEN.
3. The parties' Amended Joint Motion for Approval of Settlement Agreement (Doc. 36) is GRANTED; the Settlement Agreement, as amended by this Court, is APPROVED; and this case is DISMISSED with prejudice.
4. The Clerk is directed to close this case.
DONE and ORDERED.
Source: Leagle
