Desimoni et al v. TBC Corporation

Filing 180

ORDER adopting 177 REPORT AND RECOMMENDATIONS re 176 Joint MOTION for Settlement , lifting of stay and dismissal filed by Corey Desimoni, James Reiter. The Report and Recommendation 177 is ACCEPTED and ADOPTED and the findings incorporated herein. Opt-In Plaintiffs James Bargeron and Rex Earls are dismissed from this action without prejudice. The Joint Motion to Approve Settlement and Dismiss with Prejudice 176 is GRANTED and the Settlement Agreement [176-1] is APPROVED . This action is DISMISSED with prejudice. The Clerk is DIRECTED to enter lift the stay of this matter and thereafter enter judgment accordingly, terminate any pending deadlines and motions, and close the file. Signed by Judge Sheri Polster Chappell on 9/18/2017. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
COREY DESIMONI and JAMES
REITER, individually and on behalf of all
similarly situated,
Plaintiffs,
v.

Case No: 2:15-cv-366-FtM-38CM

TBC CORPORATION,
Defendant.
/
OPINION AND ORDER1
This matter comes before the Court on consideration of United States Magistrate
Judge Carol Mirando’s Report and Recommendation (Doc. 177), filed on September 5,
2017, recommending that the parties’ Joint Motion to Lift Stay, Approve Settlement and
for Dismissal (Doc. 176) be granted, the parties’ Settlement Agreement (Doc. 176-1) be
approved, and the case dismissed with prejudice. Judge Mirando also recommends that
the Court dismiss Opt-In Plaintiffs James Bargeron and Rex Earls as they have withdrawn
their consent to join this collective action. (Doc. 173; Doc. 174). The parties filed a Joint
Notice of Non-Objection (Doc. 178) on September 6, 2017.

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A district judge “may accept, reject, or modify in whole or in part, the findings or
recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1). The district
judge “shall make a de novo determination of those portions of the report or specified
proposed findings or recommendations to which objection is made.” Id. And “[t]he judge
may also receive further evidence or recommit the matter to the magistrate judge with
instructions.” Id.
After examining the file carefully and independently, and upon considering Judge
Mirando’s findings and recommendations, the Court accepts and adopts the Report and
Recommendation.
Accordingly, it is now
ORDERED:
(1) The Report and Recommendation (Doc. 177) is ACCEPTED and ADOPTED
and the findings incorporated herein.
(2) Opt-In Plaintiffs James Bargeron and Rex Earls are dismissed from this action
without prejudice.
(3) The Joint Motion to Approve Settlement and Dismiss with Prejudice (Doc. 176)
is GRANTED and the Settlement Agreement (Doc. 176-1) is APPROVED. This
action is DISMISSED with prejudice.
(4) The Clerk is DIRECTED to enter lift the stay of this matter and thereafter enter
judgment accordingly, terminate any pending deadlines and motions, and close
the file.

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DONE and ORDERED in Fort Myers, Florida this 18th day of September, 2017.

Copies: All Parties of Record

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