Brock v. All My Sons Moving & Storage of Southwest Florida, Inc.
Filing
14
ORDER adopting 13 REPORT AND RECOMMENDATIONS re 12 Joint MOTION for Settlement and DIsmissal of Action with Prejudice filed by Anytime Rentals, Inc. The Report and Recommendation 13 is ACCEPTED AND ADOPTED and the findings inc orporated herein. The parties' Joint Motion for Approval of Settlement and Dismissal of Action with Prejudice 12 is GRANTED and the Settlement Agreement and Release of FLSA Claims [12-1] is approved as a fair and reasonable resolution of the parties' FLSA dispute. 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 3/7/2016. (LMF)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
JOHN BROCK,
Plaintiff,
v.
Case No: 2:15-cv-808-FtM-38MRM
ANYTIME RENTALS, INC.,
Defendant.
/
ORDER1
This matter comes before the Court on United States Magistrate Judge Mac R.
McCoy's Report and Recommendation (Doc. #13) filed on February 19, 2016. Judge
McCoy recommends granting the parties' Joint Motion for Approval of Settlement and
Dismissal of Action with Prejudice (Doc. #12) and approving the Settlement Agreement
and Release of FLSA Claims (Doc. #12-1) as a fair and reasonable resolution of a bona
fide dispute under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq. (Doc. #13). The
parties do not object to the Report and Recommendation, and the time to do so has
expired. The Report and Recommendation is now 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
report and recommendation. See 28 U.S.C. § 636(b)(1); see also Williams v. Wainwright,
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hyperlink ceases to work or directs the user to some other site does not affect the opinion of the Court.
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 independently examining the file and upon considering Judge McCoy's
findings and recommendations, the Court accepts the Report and Recommendation (Doc.
#13).
Accordingly, it is now ORDERED:
1. The Report and Recommendation (Doc. #13) is ACCEPTED AND ADOPTED
and the findings incorporated herein.
2. The parties' Joint Motion for Approval of Settlement and Dismissal of Action with
Prejudice (Doc. #12) is GRANTED and the Settlement Agreement and Release of FLSA
Claims (Doc. #12-1) is approved as a fair and reasonable resolution of the parties' FLSA
dispute.
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 7th day of March, 2016.
Copies: All Parties of Record
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