Dipalermo et al v. Anchor Inn of Sanibel, LLC et al

Filing 37

ORDER adopting 36 REPORT AND RECOMMENDATIONS re 33 Joint MOTION for Settlement Agreement Approval filed by Lorraine Dipalermo, Patrick Clymer, 35 Amended MOTION for miscellaneous relief, specifically Joint Motion for Approva l of Settlement Agreement < The Report and Recommendation 36 is ACCEPTED AND ADOPTED and the findings incorporated herein. The parties' Amended Joint Motion for Approval of Settlement 35 is GRANTED and the Mediated Settlement Agreement [35-1] is approved as a fair and reasonable resolution of a bona fide dispute of the FLSA issues. The parties' Joint Motion for Approval of Settlement Agreement 33 is DENIED as moot. 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 11/30/2015. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
LORRAINE DIPALERMO and PATRICK
CLYMER, an individual
Plaintiffs,
v.

Case No: 2:14-cv-538-FtM-38MRM

ANCHOR INN OF SANIBEL, LLC,
TROPICAL WINDS, INC.,
ANCHORAGE COMPANY, L.L.C.
and LOWELL T. SPILLANE,
Defendants.
/
ORDER1
This matter comes before the Court on United States Magistrate Judge Mac R.
McCoy's Report and Recommendation (Doc. #36) filed on November 9, 2015. Judge
McCoy recommends granting the parties' Amended Joint Motion for Approval of
Settlement (Doc. #35) and approving the Mediated Settlement Agreement (Doc. #35-1)
as a fair and reasonable resolution of a bona fide dispute under the Fair Labor Standards
Act, 29 U.S.C. § 201 et seq. (Doc. #36). As the parties do not object to the Report and
Recommendation, 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

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 court
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 examining the file and upon considering Judge McCoy's findings and
recommendations, the Court accepts the Report and Recommendation (Doc. #36).
Accordingly, it is now ORDERED:
1. The Report and Recommendation (Doc. #36) is ACCEPTED AND ADOPTED
and the findings incorporated herein.
2. The parties' Amended Joint Motion for Approval of Settlement (Doc. #35) is
GRANTED and the Mediated Settlement Agreement (Doc. #35-1) is approved
as a fair and reasonable resolution of a bona fide dispute of the FLSA issues.
3. The parties' Joint Motion for Approval of Settlement Agreement (Doc. #33) is
DENIED as moot.
4. 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 30th day of November, 2015.

Copies: All Parties of Record

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