Garcia-Celestino et al v. Ruiz Harvesting, Inc. et al

Filing 116

ORDER adopting 113 Report and Recommendation of the Magistrate Judge. Plaintiffs' and Defendants' Ruiz Harvesting, Inc., and Basiliso Ruiz First Motion to Approve Settlement of all Plaintffs' claims 96 is DENIED. Signed by Judge Charlene Edwards Honeywell on 6/14/2012. (BGS)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION

GAUDENCIO GARCIA-CELESTINO,
RAYMUNDO CRUZ-VICENCIO, RAUL
ISMAEL ESTRADA-GABRIEL, DANIEL
FERRO-NIEVES, JOSE MANUEL
FERRO-NIEVES, FELIPE ANGELES
GALLARDO, SIMON GUZMANROMERO, FRANCISCO MATA-CRUZ,
individually and on behalf of all other
persons similarly situated,
Plaintiffs,
v.

Case No: 2:10-cv-542-FtM-99DNF

RUIZ HARVESTING, INC., BASILISO
RUIZ and CONSOLIDATED CITRUS
LIMITED PARTNERSHIP,
Defendants.
___________________________________/
ORDER
This cause comes before the Court upon the Report and Recommendation filed by
Magistrate Judge Douglas N. Frazier on May 25, 2012 (Doc. 113).

In the Report and

Recommendation, Judge Frazier recommends that the First Motion to Approve Settlement of all
Plaintiffs’ claims, filed by the named Plaintiffs and the remainder of the class certified by this
Court (“Plaintiffs”), and Defendant Ruiz Harvesting, Inc. (“Defendant Ruiz”) and Defendant
Basiliso Ruiz (“Defendant B. Ruiz”) (collectively “the Ruiz Defendants”) on May 4, 2012
(“Motion for Approval of Settlement”) (Doc. 96) be denied. Neither party has objected to the
Report and Recommendation and the time to do so has expired.

The Court agrees with the Magistrate Judge that because there is no indication that the
Defendants have complied with the Class Action Fairness Act, 28 U.S.C. § 1715(b), and
therefore the Court cannot make determinations on the two claims with class certification, that
the Motion for Approval of Settlement is premature. Doc. 113, p.2.

Thus, 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.
Accordingly, it is hereby ORDERED:
1.

The Report and Recommendation of the Magistrate Judge (Doc. 113) is adopted,
confirmed, and approved in all respects and is made a part of this order for all
purposes, including appellate review.

2.

Plaintiffs’ and Defendants’ Ruiz Harvesting, Inc. and Basiliso Ruiz First Motion
to Approve Settlement of all Plaintiffs’ claims (Doc. 96) is DENIED.

DONE and ORDERED in Fort Myers, Florida on June 14, 2012.

Copies furnished to:
Counsel of Record

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