Zapata et al v. Impro Synergies, LLC

Filing 23

ORDER adopting 22 REPORT AND RECOMMENDATIONS re 21 Joint MOTION for Settlement and Dismiss Case with Prejudice and Supporting Memorandum of Law filed by Impro Synergies, LLC. The Report and Recommendation 22 is ACCEPTED AND A DOPTED and the findings incorporated herein. The parties' Joint Motion for Approval of Settlement and to Dismiss Case with Prejudice 21 is GRANTED, and their Settlement Agreement [21-1] is approved as fair and reasonable. 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 7/2/2015. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
EDDY ZAPATA and ONEL GORT, an
individual,
Plaintiffs,
v.

Case No: 2:15-cv-98-FtM-38DNF

IMPRO SYNERGIES, LLC,
Defendant.
/
ORDER1
This matter comes before the Court on United States Magistrate Judge Douglas
N. Frazier's Report and Recommendation (Doc. #22) filed on June 18, 2015. Judge
Frazier recommends granting the parties' Joint Motion for Approval of Settlement and to
Dismiss Case with Prejudice (Doc. #21) and approving the parties' settlement agreement
(Doc. #21-1) as a "fair and reasonable resolution of a bone fide dispute" of the claims
raised under the Fair Labor Standards Act. (Doc. #22). The parties do not object to the
Report and Recommendation (Doc. #70), and the time to do so has expired. 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

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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 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 conducting an independent examination of the file and upon consideration of
Judge Frazier's findings and recommendations, the Court accepts and adopts the Report
and Recommendation (Doc. #22).
Accordingly, it is now
ORDERED:
1. The Report and Recommendation (Doc. #22) is ACCEPTED AND ADOPTED
and the findings incorporated herein.
2. The parties' Joint Motion for Approval of Settlement and to Dismiss Case with
Prejudice (Doc. #21) is GRANTED, and their Settlement Agreement (Doc. #21-1) is
approved as fair and reasonable.
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 2nd day of July, 2015.

Copies: All Parties of Record

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