Cunningham et al v. Community Inclusion Enterprises, Inc. et al

Filing 36

ORDER adopting 35 Report and Recommendation of the Magistrate Judge. The Second Joint Motion for this Court to Approve the Settlement Agreement Executed by the Parties and Second Motion for a Final Judgement of Dismissal, With Prejudice 34 is G RANTED. The Settlement Agreement (Dkt. 34, Ex. A) is APPROVED, as it is a fair and reasonable resolution of this case. Furthermore, Defendant Community Inclusion Enterprises, Inc. is DISMISSED from this action. The Clerk is directed to terminate any pending motions/deadlines, enter judgment accordingly, dismissed this action with prejudice, and CLOSE this case. Signed by Judge Charlene E. Honeywell on 3/29/2011. (BGS)

Cunningham et al v. Community Inclusion Enterprises, Inc. et al

Doc. 36

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

ELIZABETH CUNNINGHAM, BETH FLEMING, MARYANN GARRETT, DEAN YOUNG, JESUS ZAMORA, on behalf of themselves and all others similarly situated, Plaintiffs, v. COMMUNITY INCLUSION ENTERPRISES, INC., a Florida Non Profit Corporation, DONNA TAYLOR, individually, Defendants. AND DONNA TAYLOR, Third-Party Plaintiff, v. KIMBERLY HAYWARD, COMMUNITY RESOURCE NETWORK OF FLORIDA, INC. And COLE M. CARUSO, Defendants. / CASE NO. 2:10-CV-497-FtM-36DNF

ORDER THIS CAUSE came on for consideration upon the Report and Recommendation filed by United States Magistrate Judge Douglas Frazier on March 11, 2011 (Dkt. 35), recommending that the Court grant the Second Joint Motion for this Court to Approve the Settlement Agreement

Dockets.Justia.com

Executed by the Parties and Second Motion for a Final Judgment of Dismissal, With Prejudice (Dkt. 34). The Magistrate also recommends that the Court approve the Settlement Agreement and Full and Final Release of All Claims (Dkt. 34, Ex. A). Finally, the Magistrate recommends that Defendant Community Inclusion Enterprises, Inc. be dismissed from this action. Neither party filed any objections to the Magistrate's Report and Recommendation. 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. Accordingly, it is hereby, ORDERED and ADJUDGED as follows: 1) The Report and Recommendation of the Magistrate Judge (Dkt. 35) is ADOPTED, CONFIRMED, and APPROVED in all respects and is made a part of this order for all purposes, including appellate review. 2) The Second Joint Motion for this Court to Approve the Settlement Agreement Executed by the Parties and Second Motion for a Final Judgment of Dismissal, With Prejudice (Dkt. 34) is GRANTED. The Settlement Agreement (Dkt. 34, Ex. A) is APPROVED, as it is a fair and reasonable resolution of this case. Furthermore, Defendant Community Inclusion Enterprises, Inc. is DISMISSED from this action. 4) The clerk is directed to terminate any pending motions/deadlines, enter judgment accordingly, dismiss this action with prejudice, and CLOSE this case.

DONE AND ORDERED at Ft. Myers, Florida, on March 29, 2011.

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

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