Higgins v. U.S. Installation Group, Inc.

Filing 77

OPINION AND ORDER granting 72 Joint Motion for Judicial Approval of Settlement; adopting and incorporating 73 Report and Recommendations; approving settlement agreement. The Clerk shall enter judgment dismissing the case with prejudice as to Jeffrey Higgins only. Opt-in plaintiffs Alexis Acosta and Juan Jhonson shall file a Second Amended Complaint within 14 days if they wish to proceed with their claims. If no operative pleading is filed, their claims will be deemed moot and the case closed. Signed by Judge John E. Steele on 10/17/2016. (RKR)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
NEVIN MEYER, an individual,
and on behalf of all other
similarly
situated
individuals
and
STEFAN
MEYER, an individual, and on
behalf
of
all
other
similarly
situated
individuals,
Plaintiffs,
v.

Case No: 2:15-cv-583-FtM-29CM

U.S.
INSTALLATION
GROUP,
INC., a Florida corporation,
Defendant.
OPINION AND ORDER
This matter is before the Court on consideration of the
Magistrate Judge’s Report and Recommendation (Doc. #73), filed
September 26, 2016, recommending that the Joint Motion for Judicial
Approval of the Parties' Settlement Agreement, and for Dismissal
With Prejudice as to Jeffrey Higgins (Doc. #72) be granted, the
settlement

approved,

and

plaintiff's

claims

dismissed

with

prejudice.

The parties filed a Joint Notice of No Objection (Doc.

#74) on September 26, 2016.
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.

28 U.S.C. §

636(b)(1); Williams v. Wainwright, 681 F.2d 732 (11th Cir. 1982),
cert. denied, 459 U.S. 1112 (1983).

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.
636(b)(1)(C).

28 U.S.C. §

The district judge reviews legal conclusions de

novo, even in the absence of an objection.

See Cooper-Houston v.

Southern Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994); Castro
Bobadilla v. Reno, 826 F. Supp. 1428, 1431-32 (S.D. Fla. 1993),
aff’d, 28 F.3d 116 (11th Cir. 1994) (Table).
After conducting an independent examination of the file and
upon due consideration of the Report and Recommendation, the Court
accepts the Report and Recommendation of the magistrate judge, and
claims on behalf of plaintiff Jeffrey Higgins will be dismissed.
On August 26, 2016, the Court dismissed the claims of opt-in
plaintiffs

Christopher

McCrory

and

Nicholas

Speas

without

prejudice, and because a request to approve the settlement by the
named plaintiffs was pending, opt-in plaintiff Jeffrey Higgins was
directed to file a motion for leave to amend the complaint to
become the named plaintiff.

(Doc. #63.)

Jeffrey Higgins filed a

motion, and the Amended Complaint (Doc. #66-1) was accepted for
filing upon dismissal of the named plaintiffs, Nevin Meyer and
Stefan Meyer.

On September 20, 2016, the Court issued an Opinion

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and Order dismissing with prejudice the claims of plaintiffs Nevin
Meyer and Stefan Meyer.

On October 17, 2016, the Court directed

the Clerk to file the Amended Complaint naming Higgins as the
plaintiff on the docket as the operative pleading.

Plaintiff

Jeffrey Higgins has now reached his own settlement, and the motion
to approve the settlement is resolved below.

As a result, the

case is once again left with no named plaintiff and would be
subject to closure but for the Consents to Joint Lawsuit Under
Fair

Labor

Standards

Act

(Docs.

##

53,

plaintiffs Alexis Acosta and Juan Jhonson.

54)

filed

by

opt-in

With the dismissal of

Higgins as set forth below, once again plaintiffs’ claims will be
mooted

unless

named

in

an

operative

complaint

as

the

new

plaintiffs.
Accordingly, it is now
ORDERED:
1.

The

Report

and

Recommendation

(Doc.

#73)

is

hereby

adopted and the findings incorporated herein.
2.

The parties' Joint Motion for Judicial Approval of the

Parties' Settlement Agreement, and for Dismissal With Prejudice as
to

Jeffrey

Higgins

(Doc.

#72)

is

granted

and

the

Settlement

Agreement and General Release (Doc. #72, pp. 9-11) is approved as
a fair and reasonable resolution of a bona fide dispute.
3.

The Clerk shall enter judgment dismissing the case with

prejudice as to Jeffrey Higgins only.

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4.

Opt-in plaintiffs Alexis Acosta and Juan Jhonson shall

file a Second Amended Complaint within FOURTEEN (14) DAYS of this
Order if they wish to proceed with their claims.

If no operative

pleading is filed, their claims will be deemed moot and the case
closed.
DONE and ORDERED at Fort Myers, Florida, this
of October, 2016.

Copies:
Hon. Carol Mirando
United States Magistrate Judge
Counsel of Record
Unrepresented parties

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17th

day