Rodriguez v. TCB Naples LLC

Filing 31

ORDER adopting 29 REPORT AND RECOMMENDATIONS re 28 Joint MOTION for Settlement (For Approval of Settlement) filed by Mario Rosas Rodriguez. The Report and Recommendation of Magistrate Judge Carol Mirando approving the Settlement A greement of the Fair Labor Standards Act (FLSA) claim 29 is ACCEPTED and ADOPTED. The parties' Joint Motion to Approve Settlement Agreement and Stipulation for Dismissal with Prejudice 28 is GRANTED, and the Settlement Agreement 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 10/29/2015. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
MARIO ROSAS RODRIGUEZ, for
himself and on behalf of those similarly
situated
Plaintiff,
v.

Case No: 2:15-cv-106-FtM-38MRM

TCB NAPLES LLC,
Defendant.
/
ORDER1
This matter comes before the Court on the Report and Recommendation of
Magistrate Judge Carol Mirando (Doc. #29) filed on October 26, 2015. Judge Mirando
recommends granting the parties' Joint Motion to Approve Settlement Agreement and
Stipulation for Dismissal with Prejudice (Doc. #28) as a fair and reasonable resolution of
a bona fide dispute under the Fair Labor Standards Act. The Parties do not object to the
Report and Recommendation. This matter is ripe for the Court’s 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,
681 F.2d 732 (11th Cir. 1982).

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In the absence of specific objections, there is no

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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.
#29).
Accordingly, it is now
ORDERED:
The Report and Recommendation of Magistrate Judge Carol Mirando approving
the Settlement Agreement of the Fair Labor Standards Act (FLSA) claim (Doc. #29) is
ACCEPTED and ADOPTED.
1. The parties' Joint Motion to Approve Settlement Agreement and Stipulation for
Dismissal with Prejudice (Doc. #28) is GRANTED, and the Settlement Agreement is
approved as fair and reasonable.
2. 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 28th day of October, 2015.

Copies: All Parties of Record

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