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

Filing 78

ORDER adopting 76 Report and Recommendation of the Magistrate Judge. The 69 Joint Motion for Approval of Settlement Agreement is GRANTED. The Settlement Agreement, Full and Final Release and Covenant Not to Sue 75 is APPROVED, as it constitu tes a fair and reasonable resolution of a bona fide dispute. The claims by Plaintiffs Urbano Sanchez-Rodriguez, Leopoldo Trejo-Carillo, Robert Vasquez Escobar, and Israel Ugalde Eguia against Defendants are DISMISSED, with prejudice. The Clerk is directed to enter judgment accordingly and terminate these Plaintiffs from this case. Signed by Judge Charlene E. Honeywell on 1/6/2012. (BGS)

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

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

CASE NO. 2:10-CV-00542-36DNF

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

ORDER
This cause comes before the Court upon the Report and Recommendation filed by Magistrate
Judge Douglas Frazier on December 21, 2011 (Doc. 76). In the Report and Recommendation,
Judge Frazier recommends that the Court grant the parties’ Joint Motion for Approval of Settlement
Agreement, filed on November 30, 2011 (Doc. 69). No 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 Plaintiffs Urbano SanchezRodriguez, Leopoldo Trejo-Carillo, Roberto Vasquez Escobar, Israel Ugalde Eguia and 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. 76) 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. 69) is GRANTED.
The Settlement Agreement, Full and Final Release and Covenant Not to Sue (Doc.
75) is APPROVED, as it constitutes a fair and reasonable resolution of a bona fide
dispute.

3.

The claims by Plaintiffs Urbano Sanchez-Rodriguez, Leopoldo Trejo-Carillo,
Roberto Vasquez Escobar, and Israel Ugalde Eguia against Defendants are
DISMISSED, with prejudice.

4.

The Clerk is directed to enter judgment accordingly and terminate these Plaintiffs
from this case.

DONE AND ORDERED at Ft. Myers, Florida, on January 6, 2012.

COPIES TO:
COUNSEL OF RECORD

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