Dirocco v. Victory Marketing Agency, LLC et al

Filing 30

ORDER adopting Report and Recommendations re 29 Report and Recommendations; granting 27 Motion for Settlement, and the Settlement Agreement (Doc. 27-1) 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 5/25/2017. (DH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
MICHELE DIROCCO, an individual, and
on behalf of all other similarly situated
individuals
Plaintiff,
v.

Case No: 2:15-cv-552-FtM-38CM

VICTORY MARKETING AGENCY,
LLC and VINCENT ANTONIO,
Defendants.
/
OPINION AND ORDER1
This matter comes before the Court on review of United States Magistrate Judge
Carol Mirando's Report and Recommendation filed April 25, 2017 (Doc. 29)
recommending granting the parties' Joint Motion to Approve FLSA Settlement and for
Dismissal with Prejudice (Doc. 27), as well as approving the Settlement Agreement (Doc.
27-1) as a fair and reasonable resolution of a bona fide dispute under the Fair Labor
Standards Act. (Doc. 29 at 5). 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

1

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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 Mirando's findings and recommendations, the Court accepts the Report and
Recommendation (Doc. 29).
Accordingly, it is now
ORDERED:
1. United States Magistrate Judge Carol Mirando's Report and Recommendation
(Doc. 29) is ACCEPTED and ADOPTED.
2. The parties' Joint Motion to Approve FLSA Settlement and for Dismissal with
Prejudice (Doc. 27) is GRANTED, and the Settlement Agreement (Doc. 27-1)
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 25th day of May, 2017.

Copies: All Parties of Record

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