Plummer et al v. PJCF, LLC

Filing 48

ORDER adopting 46 REPORT AND RECOMMENDATIONS re 45 Joint MOTION for miscellaneous relief, specifically Approval of Settlement filed by Paul Plummer, Nicholas White. The Report and Recommendation 46 is ACCEPTED AND ADOPTED a nd the findings incorporated herein. The parties' Amended Joint Motion for Approval of Settlement 45 is GRANTED and the Settlement Agreement and Release of All Claims (Doc. #45-1; Doc. #45-2) is approved as a fair and reasonable resolution of a bona fide dispute under the Fair Labor Standards Act. 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 10/13/2015. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
PAUL PLUMMER and NICHOLAS
WHITE, on behalf of themselves and
those similarly situated
Plaintiffs,
v.

Case No: 2:15-cv-37-FtM-38CM

PJCF, LLC,
Defendant.
/
ORDER1
This matter comes before the Court on United States Magistrate Judge Carol
Mirando's Report and Recommendation (Doc. #46) filed on October 8, 2015. Judge
Mirando recommends granting the parties' Amended Joint Motion for Approval of
Settlement (Doc. #45) and approving the Settlement Agreement and Release of All
Claims (Doc. #45-1) 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. #46). The parties do not object
to the Report and Recommendation. (Doc. #47). Thus, 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. See 28 U.S.C. § 636(b)(1); see also Williams v. Wainwright,

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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 independently examining the file and upon considering Judge Mirando's
findings and recommendations, the Court accepts the Report and Recommendation (Doc.
#46).
Accordingly, it is now
ORDERED:
1. The Report and Recommendation (Doc. #46) is ACCEPTED AND ADOPTED
and the findings incorporated herein.
2. The parties' Amended Joint Motion for Approval of Settlement (Doc. #45) is
GRANTED and the Settlement Agreement and Release of All Claims (Doc. #45-1; Doc.
#45-2) is approved as a fair and reasonable resolution of a bona fide dispute under the
Fair Labor Standards Act.
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 13th day of October, 2015.

Copies: All Parties of Record

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