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

Filing 144

ORDER adopting 141 Report and Recommendation of the Magistrate Judge. The Joint Motion for Approval of Settlement Agreement 30 is GRANTED. The Settlement Agreement, Full and Final Release and Covenant Not to Sue (Doc. 130, Ex. A) is APPROVED, as it constitutes a fair and reasonable resolution of a bona fide dispute. Plaintiff Francisco Suarez-Galan's claims against Defendants Ruiz Harvesting, Inc., Basiliso Ruiz, and Consolidated Citrus Limited Partnership are DISMISSED, with prejudice. The Clerk is directed to terminate Plaintiff Suarez-Galan from this case. Signed by Judge Unassigned Judge on 10/4/2012. (BGS)

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

GAUDENIO GARCIA-CELESTINO, et al.,
Plaintiffs,
v.

CASE NO. 2:10-CV-00542-99DNF

RUIZ HARVESTING, INC., et al.,
Defendants.
/

ORDER
This cause comes before the Court upon the Report and Recommendation of Magistrate
Judge Douglas Frazier, filed on August 24, 2012 (Doc. 141). In the Report and Recommendation,
the Magistrate Judge recommends that the Court grant the Joint Motion for Approval of Settlement
Agreement (Doc. 130), and that the Settlement Agreement, Full and Final Release and Covenant Not
to Sue (Doc. 130, Ex. A) be approved. See Doc. 141. Neither party has objected to the Report and
Recommendation and the time to do so has expired.
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 Plaintiff Francisco SuarezGalan (“Plaintiff”) and Defendants Ruiz Harvesting, Inc., Basiliso Ruiz, and Consolidated Citrus
Limited Partnership (collectively, “the Defendants”) 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:
1.

The Report and Recommendation of the Magistrate Judge (Doc. 141) 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 Agreement (Doc. 130) is GRANTED.
The Settlement Agreement, Full and Final Release and Covenant Not to Sue (Doc.
130, Ex. A) is APPROVED, as it constitutes a fair and reasonable resolution of a
bona fide dispute.

3.

Plaintiff Francisco Suarez-Galan’s claims against Defendants Ruiz Harvesting, Inc.,
Basiliso Ruiz, and Consolidated Citrus Limited Partnership are DISMISSED, with
prejudice.

4.

The Clerk is directed to terminate Plaintiff Francisco Suarez-Galan from this case.

DONE AND ORDERED at Ft. Myers, Florida, on October 4, 2012.

COPIES TO:
COUNSEL OF RECORD

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