Fernandez et al v. Harvard Maintenance, Inc.
Filing
17
OPINION AND ORDER granting in part and denying in part 15 Motion to Approve Settlement; adopting and incorporating 16 Report and Recommendations. See Opinion and Order for details and deadlines. The Court will conduct a fairness hearing on Monday, April 23, 2012, at 10:00 a.m. in Courtroom A. Plaintiffs are responsible for notifying all opt-in plaintiffs of this date and time for the hearing. Signed by Judge John E. Steele on 12/30/2011. (RKR)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
WALFREDO
IZNAGO
FERNANDEZ,
individually and on behalf of all
other persons similarly situated,
ANDRES HERNANDEZ, individually and
on behalf of all other persons
similarly situated, EIDA ARMENTEROS,
individually and on behalf of all
other persons similarly situated,
Plaintiff,
vs.
Case No.
HARVARD MAINTENANCE, INC.,
COMPLETE SERVICES, INC.,
2:11-cv-509-FtM-99SPC
HERNA
Defendants.
___________________________________
OPINION AND ORDER
This matter is before the Court on consideration of the
Magistrate Judge’s Report and Recommendation (Doc. #16), filed
December 14, 2011, recommending that plaintiffs’ Renewed Motion for
Preliminary Approval of Collective Action Settlement (Doc. #15) be
granted in part and denied in part.
No objections have been filed
and the time to do so has expired.
After conducting a careful and complete review of the findings
and recommendations, a district judge may accept, reject or modify
the magistrate judge’s report and recommendation.
636(b)(1);
28 U.S.C. §
Williams v. Wainwright, 681 F.2d 732 (11th Cir. 1982),
cert. denied, 459 U.S. 1112 (1983).
In the absence of specific
objections, there is no requirement that a district judge review
factual findings de novo, Garvey v. Vaughn, 993 F.2d 776, 779 n.9
(11th Cir. 1993), and the court may accept, reject or modify, in
whole or in part, the findings and recommendations.
636(b)(1)(C).
28 U.S.C. §
The district judge reviews legal conclusions de
novo, even in the absence of an objection.
See Cooper-Houston v.
Southern Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994); Castro
Bobadilla v. Reno, 826 F. Supp. 1428, 1431-32 (S.D. Fla. 1993),
aff’d, 28 F.3d 116 (11th Cir. 1994) (Table).
After conducting an independent examination of the file and
upon due consideration of the Report and Recommendation, the Court
accepts the Report and Recommendation of the magistrate judge.
Accordingly, it is now
ORDERED:
1. The Report and Recommendation (Doc. #16) is hereby adopted
and the findings incorporated herein.
2.
The Renewed Joint Motion for Preliminary Approval of
Collective Action Settlement (Doc. #15) is granted in part and
denied in part as follows:
A.
The request for preliminary approval is approved pending
finalization and notice to opt-in plaintiffs regarding the proposed
Agreement and Release;
B.
A collective action is conditionally certified as:
Former and current non-exempt employees of the Defendants
who were employed by Defendants during the month of July
2011 to provide janitorial services to Lee County School
District’s facilities.
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C.
The
Plaintiffs,
Walfredo
Iznaga
Fernandez,
Andres
Hernandez, and Eida Armenteros are appointed as the collectives
representatives;
D.
Plaintiffs
are
authorized
to
issue
the
Notice
of
Confidential Settlement of Collective Action (Doc. #15-4) by U.S.
Mail;
E.
Notices shall be sent by on or before January 15, 2012;
F. Potential opt-in plaintiffs shall have up to and including
March 16, 2012, to return their Notices, and Claim Form and
Release,
accepting
or
rejecting
the
terms
of
the
proposed
agreement;
G.
The parties shall file a motion for approval of the
Agreement and Release on or before March 30, 2012; and
H.
The Court will conduct a fairness hearing to discuss any
objections that may arise from the collective class on Monday,
April 23, 2012, at 10:00 a.m. before the undersigned in Courtroom
A, Sixth Floor, U.S. Courthouse and Federal Building, Fort Myers,
Florida.
Plaintiffs will be responsible for notifying all opt-in
plaintiffs of this date, time, and place for the hearing.
DONE AND ORDERED at Fort Myers, Florida, this
December, 2011.
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30th
day of
Copies:
Hon. Sheri Polster Chappell
United States Magistrate Judge
Counsel of Record
Unrepresented parties
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