Rodriguez v. One Cellular Stop, Inc.

Filing 29

ORDER adopting 27 Report and Recommendation of the Magistrate Judge. The Joint Motion for Approval of Settlement 26 is GRANTED. The Settlement Agreement (Doc. 26, Ex. 1) is APPROVED. This action is dismissed, with prejudice. The Clerk is directed to terminate any pending motions/deadlines, enter judgment accordingly, and CLOSE this case. Signed by Judge Charlene E. Honeywell on 12/16/2010. (BGS)

Rodriguez v. One Cellular Stop, Inc.

Doc. 29

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FT. MYERS DIVISION

ERIC RODRIGUEZ, on his own behalf and others similarly situated Plaintiff, v. ONE CELLULAR STOP, INC., a Florida profit corporation, Defendant. / CASE NO. 2:10-CV-353-FtM-36DNF

ORDER THIS CAUSE came on for consideration upon the Report and Recommendation filed by United States Magistrate Judge Douglas Frazier on December 15, 2010 (Dkt. 27) recommending that the Court grant the parties' Joint Motion for Approval of Proposed Settlement Agreement (Dkt. 26) and approve the Settlement Agreement and Release (Dkt. 26-1). The Court notes that the parties filed a joint notice of non-objection to the Report and Recommendation on the same day (Dkt. 28). After careful consideration of the Report and Recommendation of the Magistrate Judge, in conjunction with an independent examination of the court file, the Court is of the opinion that the Magistrate Judge's Report and Recommendation should be adopted, confirmed, and approved in all respects. The Court is satisfied that the settlement reached between the parties is a "fair and reasonable resolution of a bona fide dispute" of the claims raised pursuant to the Fair Labor Standards Act. See Lynn's Food Stores, Inc. v. United States, 679 F.2d 1350, 1355 (11th Cir.1982); 29 U.S.C. § 216.

Dockets.Justia.com

ACCORDINGLY, it is hereby, ORDERED and ADJUDGED as follows: 1) The Report and Recommendation of the Magistrate Judge (Dkt. 27) is ADOPTED,

CONFIRMED, and APPROVED in all respects and is made a part of this order for all purposes, including appellate review. 2) The Joint Motion for Approval of Settlement (Dkt. 26) is GRANTED. The

Settlement Agreement (Dkt. 26, Ex. 1) is APPROVED. This action is dismissed, with prejudice. 3) The clerk is directed to terminate any pending motions/deadlines, enter judgment

accordingly, and CLOSE this case. DONE AND ORDERED at Ft. Myers, Florida, on December 16, 2010.

COPIES TO: UNITED STATES MAGISTRATE JUDGE DOUGLAS N. FRAZIER COUNSEL OF RECORD

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