Patton v. Larue Pest Management, Inc. et al

Filing 40

ORDER adopting 38 REPORT AND RECOMMENDATIONS re 35 Joint MOTION for Settlement Approval filed by Keith Ruebeling, Larue Pest Management, Inc. The Report and Recommendation 38 is ACCEPTED AND ADOPTED and the findings incorpor ated herein. The parties' Joint Motion for Approval of Settlement and Dismissal of Action with Prejudice 35 is GRANTED, and their Settlement Agreement and Release of FLSA Claims is approved as a fair and reasonable resolution of this FLSA disp ute. Upon receipt of the settlement proceeds, Plaintiff's counsel must reimburse the Court for the $400.00 filing fee. 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 10/24/2016. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
RUSTY PATTON, on behalf of himself
and others similarly situated
Plaintiff,
v.

Case No: 2:16-cv-107-FtM-38MRM

LARUE PEST MANAGEMENT, INC.
and KEITH RUEBELING,
Defendants.
/
ORDER1
This matter comes before the Court on United States Magistrate Judge Mac R.
McCoy’s Report and Recommendation (Doc. #38) filed on October 12, 2016. Judge
McCoy recommends granting the parties’ Joint Motion for Approval of Settlement and
Dismissal of Action With Prejudice (Doc. #35) and approving their Settlement Agreement
and Release of FLSA Claims as a fair and reasonable resolution of a bona fide dispute
under the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 201 et seq. Because the parties
do not object to the Report and Recommendation (Doc. #39), 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
report and recommendation. See 28 U.S.C. § 636(b)(1); see also Williams v. Wainwright,

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681 F.2d 732, 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 examining the file carefully and independently, and upon considering Judge
McCoy’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 parties’ Joint Motion for Approval of Settlement and Dismissal of Action

with Prejudice (Doc. #35) is GRANTED, and their Settlement Agreement and Release of
FLSA Claims is approved as a fair and reasonable resolution of this FLSA dispute.
(3)

Upon receipt of the settlement proceeds, Plaintiff’s counsel must reimburse

the Court for the $400.00 filing fee.
(4)

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 23rd day of October, 2016.

Copies: All Parties of Record

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