Maglione-Chenault v. Douglas Realty & Development, Inc.

Filing 59

ORDER adopting 58 REPORT AND RECOMMENDATIONS re 54 Joint MOTION for Settlement (Approval of FLSA Settlement) filed by Lisa Maglione-Chenault, Douglas Realty & Development, Inc. The Report and Recommendation 58 is ACCEPTED AN D ADOPTED and the findings incorporated herein. The Parties' Joint Motion to Approve Settlement Agreement 54 is GRANTED, and the Settlement Agreement (Doc. #56-1; Doc. #57-1) is approved as fair and reasonable. The Clerk of Court is DIRECTED to enter judgment accordingly, dismiss the case with prejudice, terminate all deadlines and motions, and close the file. Signed by Judge Sheri Polster Chappell on 9/8/2015. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
LISA MAGLIONE-CHENAULT, an
individual
Plaintiff,
v.

Case No: 2:13-cv-811-FtM-38CM

DOUGLAS REALTY &
DEVELOPMENT, INC.,
Defendant.
_________________________________/
ORDER1
This matter comes before the Court on United States Magistrate Judge Carol
Mirando's Report and Recommendation (Doc. #58) filed on August 21, 2015. Judge Mirando
recommends granting the Parties' Joint Motion to Approve Settlement Agreement (Doc. #54)
and approving the Settlement Agreement (Doc. #56-1; Doc. #57-1) 2 as a fair and reasonable
resolution of a bona fide dispute under the Fair Labor Standards Act. (Doc. #58). Both Parties
waived their opportunity to object to the Report and Recommendation. (Doc. #54). Thus,
this matter is ripe for review.
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

1

Disclaimer: Documents filed in CM/ECF may contain hyperlinks to other documents or websites. These
hyperlinks are provided only for users’ convenience. Users are cautioned that hyperlinked documents in CM/ECF
are subject to PACER fees. By allowing hyperlinks to other websites, this Court does not endorse, recommend,
approve, or guarantee any third parties or the services or products they provide on their websites. Likewise, the
Court has no agreements with any of these third parties or their websites. The Court accepts no responsibility
for the availability or functionality of any hyperlink. Thus, the fact that a hyperlink ceases to work or directs the
user to some other site does not affect the opinion of the Court.
As Judge Mirando notes, “[t]he [P]arties’ settlement agreement allows for execution in counterparts which shall
all be deemed original, but all of which shall constitute one and the same instrument.” (Doc. #58 at 1 (citing Doc.
#56-1 at 3; Doc. #57-1 at 3)).
2

recommendation. See 28 U.S.C. § 636(b)(1); see also Williams v. Wainwright, 681 F.2d 732
(11th Cir. 1982). 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, 28 U.S.C. § 636(b)(1)(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).
After conducting an independent examination of the file and upon consideration of
Judge Mirando's findings and recommendations, the Court accepts the Report and
Recommendation (Doc. #58).
Accordingly, it is now ORDERED:
1. The Report and Recommendation (Doc. #58) is ACCEPTED AND ADOPTED and
the findings incorporated herein.
2. The Parties' Joint Motion to Approve Settlement Agreement (Doc. #54) is
GRANTED, and the Settlement Agreement (Doc. #56-1; Doc. #57-1) is approved as fair and
reasonable.
3. The Clerk of Court is DIRECTED to enter judgment accordingly, dismiss the case
with prejudice, terminate all deadlines and motions, and close the file.
DONE and ORDERED in Fort Myers, Florida, this 8th day of September, 2015.

Copies: All Parties of Record

2