Rodriguez v. Impro Synergies, LLC
ORDER adopting 24 REPORT AND RECOMMENDATIONS re 23 Joint MOTION for Settlement and Dismiss Case with Prejudice and Supporting Memorandum of Law filed by Impro Synergies, LLC. Report and Recommendation (Doc. #24) is ACCEPTED and ADOPTED and the findings incorporated herein. Joint Motion for Approval of Settlement and Dismiss Case with Prejudice 23 is GRANTED. The Settlement Agreement (Doc. #23-1) is APPROVED as a "fair and reasonable resolution of a bona fide dispute" of the FLSA issues. This matter is DISMISSED with prejudice. The Clerk is directed to close the file and enter judgment accordingly. Signed by Judge Sheri Polster Chappell on 6/16/2015. (LMF)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
MARK RODRIGUEZ, an individual, and
all others similarly situated
Case No: 2:15-cv-22-FtM-38DNF
IMPRO SYNERGIES, LLC,
This matter comes before the Court on Report and Recommendation (Doc. #24),
filed on May 28, 2015, recommending the (1) Joint Motion for Approval of Settlement and
Dismiss Case with Prejudice (Doc. #23) be granted; and (2) the Settlement Agreement
(Doc. #23-1) be approved by the Court as a “fair and reasonable resolution of a bona fide
dispute” of the FLSA issues. 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 recommendation. 28 U.S.C. § 636(b)(1); 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
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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 the Magistrate Judge.
Accordingly, it is now
1. Report and Recommendation (Doc. #24) is ACCEPTED and ADOPTED
and the findings incorporated herein.
2. Joint Motion for Approval of Settlement and Dismiss Case with Prejudice
(Doc. #23) is GRANTED. The Settlement Agreement (Doc. #23-1) is
APPROVED as a “fair and reasonable resolution of a bona fide dispute” of
the FLSA issues.
3. This matter is DISMISSED with prejudice.
4. The Clerk is directed to close the file and enter judgment accordingly.
DONE and ORDERED in Fort Myers, Florida this 16th day of June, 2015.
Copies: All Parties of Record
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