Cerritos v. Performance Plumbing of Southwest Florida, Inc. et al

Filing 69

ORDER adopting 67 REPORT AND RECOMMENDATIONS re 66 Joint MOTION for Settlement ApprovalJoint MOTION to Dismiss of this action filed by Pedro Cerritos. The Report and Recommendation 67 is ACCEPTED AND ADOPTED and the findings incorporated herein. The parties' Joint Motion for Approval of Settlement and Dismissal of Action with Prejudice (Doc. #66) is GRANTED, and the Settlement Agreements [66-1] [66-2] are 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 2/19/2016. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
PEDRO CERRITOS, on his own behalf
and others similarly situated
Plaintiff,
v.

Case No: 2:14-cv-342-FtM-38MRM

PERFORMANCE PLUMBING OF
SOUTHWEST FLORIDA, INC.,
LARRY LANGLEY and RANDAL
LANGLEY,
Defendants.
/
ORDER1
This matter comes before the Court on United States Magistrate Judge Mac R.
McCoy's Report and Recommendation (Doc. #67) filed on January 28, 2016. Judge
McCoy recommends granting the parties' Joint Motion for Approval of Settlement and
Dismissal of Action with Prejudice (Doc. #66) and approving the Settlement Agreements
(Docs. #66-1, #66-2) as fair and reasonable resolutions of bona fide disputes under the
Fair Labor Standards Act. (Doc. #67). The parties filed a Joint Notice alerting the Court
that there are no objections to the Report. (Doc. #68). The 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

1

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report and 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 CooperHouston 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 McCoy's findings and recommendations, the Court accepts the Report and
Recommendation (Doc. #67).
Accordingly, it is now
ORDERED:
1. The Report and Recommendation (Doc. #67) is ACCEPTED AND ADOPTED
and the findings incorporated herein.
2. The parties' Joint Motion for Approval of Settlement and Dismissal of Action with
Prejudice (Doc. #66) is GRANTED, and the Settlement Agreements (Docs. #66-1,
66-2) are 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 19th day of February, 2016.

Copies: All Parties of Record

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