Ruiz et al v. Circle K Stores Inc. et al

Filing 130

ORDER adopting 128 REPORT AND RECOMMENDATIONS re 124 Joint MOTION for Settlement to be approved by Court filed by Sagar Daliya. United States Magistrate Judge Carol Mirando's Report and Recommendation. 128 is ACCEPTED an d ADOPTED and the findings incorporated herein. The Joint Motion to Approve the Parties' Settlement 124 is GRANTED and the Settlement Agreement (Doc. 124-4) is APPROVED as a fair and reasonable resolution of the bona fide dispute under the Fai r Labor Standards Act. The above-captioned case is DISMISSED WITH PREJUDICE. The Clerk is DIRECTED to enter judgment, terminate any pending deadlines and motions, and close the file. Signed by Judge Sheri Polster Chappell on 6/27/2018. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
VERONICA DEL PILAR RUIZ and
SAGAR DALIYA, individually and on
behalf of all others similarly situated who
consent to their inclusion
Plaintiffs,
v.

Case No: 2:14-cv-404-FtM-38CM

CIRCLE K STORES INC. and MAC’S
CONVENIENCE STORES, LLC,
Defendants.
/
OPINION AND ORDER1
This matter comes before the Court on United States Magistrate Judge Carol
Mirando’s Report and Recommendation.

(Doc. 128).

Judge Mirando recommends

granting the parties’ Joint Motion to Approve their Settlement (Doc. 124), approving their
Settlement Agreement (Doc. 124-4), and dismissing the case with prejudice. The parties
do not object to the Report and Recommendation, and the time to do so has expired. The
Report and Recommendation is thus ripe for review.
A district judge “may accept, reject, or modify in whole or in part, the findings or
recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1). The district
judge “shall make a de novo determination of those portions of the report or specified

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proposed findings or recommendations to which objection is made.” Id. And “[t]he judge
may also receive further evidence or recommit the matter to the magistrate judge with
instructions.” Id.
After examining the file independently, and upon considering Judge Mirando’s
findings and recommendations, the Court accepts and adopts the Report and
Recommendation.
Accordingly, it is now
ORDERED:
(1) United States Magistrate Judge Carol Mirando’s Report and Recommendation.
(Doc. 128) is ACCEPTED and ADOPTED and the findings incorporated herein.
(2) The Joint Motion to Approve the Parties’ Settlement (Doc. 124) is GRANTED
and the Settlement Agreement (Doc. 124-4) is APPROVED as a fair and
reasonable resolution of the bona fide dispute under the Fair Labor Standards
Act.
(3) The above-captioned case is DISMISSED WITH PREJUDICE.
(4) The Clerk is DIRECTED to enter judgment, terminate any pending deadlines
and motions, and close the file.
DONE and ORDERED in Fort Myers, Florida this 27th day of June 2018.

Copies: All Parties of Record

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