Rosales v. El Michoacana LLC

Filing 40

ORDER adopting 38 REPORT AND RECOMMENDATIONS re 37 Joint MOTION for Settlement Approval and Dismiss with Prejudice filed by Gabriela Rosales.The Report and Recommendation 38 is ACCEPTED and ADOPTED and the findings incorporated herein. The Joint Motion to Approve Settlement and Dismiss with Prejudice 37 is GRANTED and the Settlement Agreement (Doc. 37-1) is APPROVED as a fair and reasonable resolution of the bona fide FLSA dispute. This action is DISMISSED with prejudice. The Clerk is DIRECTED to enter judgment accordingly, terminate any pending deadlines and motions, and close the file. Signed by Judge Sheri Polster Chappell on 9/5/2017. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
GABRIELA ROSALES, on behalf of
herself and others similarly situated
Plaintiff,
v.

Case No: 2:15-cv-711-FtM-38CM

EL MICHOACANA LLC,
Defendant.
/
OPINION AND ORDER1
This matter comes before the Court on United States Magistrate Judge Carol
Mirando’s Report and Recommendation.

(Doc. 38).

Judge Mirando recommends

granting the parties’ Joint Motion to Approve Settlement and Dismiss with Prejudice (Doc.
37) and approving the Settlement Agreement and Plaintiff’s Release of Claims for Unpaid
Wages (Doc. 37-1) as a fair and reasonable resolution of a bona fide dispute under the
Fair Labor Standards Act.

Because the parties do not object to the Report and

Recommendation (Doc. 39), this matter is ripe for review.
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

1

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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. 38) is ACCEPTED and ADOPTED
and the findings incorporated herein.
(2) The Joint Motion to Approve Settlement and Dismiss with Prejudice (Doc. 37)
is GRANTED and the Settlement Agreement (Doc. 37-1) is APPROVED as a
fair and reasonable resolution of the bona fide FLSA dispute. This action is
DISMISSED with prejudice.
(3) The Clerk is DIRECTED to enter judgment accordingly, terminate any pending
deadlines and motions, and close the file.
DONE and ORDERED in Fort Myers, Florida this 1st day of September, 2017.

Copies: All Parties of Record