Equite v. Green & Clean Property Solution, Inc.
ORDER adopting 23 REPORT AND RECOMMENDATIONS re 22 Amended MOTION for Settlement Approval and Dismissal of the Action with Prejudice filed by Anibal Equite. Report and Recommendation 23 is ACCEPTED and ADOPTED and the findings incorporated herein. Joint Motion for Approval of Settlement Agreements and Entry of Order of Dismissal 22 is GRANTED and the Settlement Agreement is APPROVED as a fair and reasonable settlement of a bona fide dispute under the FLSA. Plaintiff's Complaint is hereby DISMISSED with prejudice. The Clerk is directed to enter judgment accordingly, terminate all deadlines and motions, and close the file. Signed by Judge Sheri Polster Chappell on 6/2/2015. (LMF)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
ANIBAL EQUITE, on his own behalf and
on behalf of those similarly situated
Case No: 2:14-cv-746-FtM-38CM
GREEN & CLEAN
This matter comes before the Court on the Report and Recommendation of
Magistrate Judge Carol Mirando Recommending that the Motion for Settlement (Doc.
#23) filed on June 1, 2015, be approved. In the Report and Recommendation, Magistrate
Judge Mirando recommends that the Court approve the Settlement Agreement as a fair
and reasonable settlement of a bona fide FLSA claim, and dismiss the case with
prejudice. The Parties do not object to the R & R.
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. See 28 U.S.C. § 636(b)(1); see also 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, 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); 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 Magistrate Judge Mirando.
Accordingly, it is now
1. Report and Recommendation (Doc. #23) is ACCEPTED and ADOPTED
and the findings incorporated herein.
2. Joint Motion for Approval of Settlement Agreements and Entry of Order of
Dismissal (Doc. #22) is GRANTED and the Settlement Agreement is
APPROVED as a fair and reasonable settlement of a bona fide dispute
under the FLSA.
3. Plaintiff’s Complaint is hereby DISMISSED with prejudice.
4. The Clerk is directed to enter judgment accordingly, terminate all deadlines
and motions, and close the file.
DONE and ORDERED in Fort Myers, Florida this 2nd day of June, 2015.
Copies: All Parties of Record
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