Barnes v. Lane Valente Industries, Inc.

Filing 29

ORDER adopting #26 REPORT AND RECOMMENDATIONS re #25 Joint MOTION for Settlement Agreement Approval and Stipulation for Dismissal with Prejudice filed by Paul Barnes. United States Magistrate Judge Carol Mirando's Report and Recommendation #26 is ACCEPTED and ADOPTED and the findings incorporated herein. The parties' Joint Motion for Settlement Agreement Approval #25 is GRANTED and the Settlement Agreement [25-1] is approved as a fair and reasonable resolution of this 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 10/18/2016. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
PAUL BARNES,
Plaintiff,
v.

Case No: 2:16-cv-174-FtM-38CM

LANE VALENTE INDUSTRIES, INC.,
Defendant.
/
ORDER1
This matter comes before the Court on United States Magistrate Judge Carol
Mirando's Report and Recommendation filed on October 13, 2016. (Doc. #26). Judge
Mirando recommends granting the parties’ Joint Motion for Settlement Agreement
Approval (Doc. #25) and approving their Settlement Agreement (Doc. #25-1) as a fair and
reasonable resolution of a bona fide dispute under the Fair Labor Standards Act, 29
U.S.C. § 201 et seq. The parties have filed a Joint Notice of Non-Objection to the Report
and Recommendation. (Doc. #27). Thus, the Report and Recommendation 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
Mirando's findings and recommendations, the Court accepts and adopts the Report and
Recommendation.
Accordingly, it is now
ORDERED:
1. United States Magistrate Judge Carol Mirando's Report and Recommendation
(Doc. #26) is ACCEPTED and ADOPTED and the findings incorporated herein.
2. The parties' Joint Motion for Settlement Agreement Approval (Doc. #25) is
GRANTED and the Settlement Agreement (Doc. #25-1) is approved as a fair
and reasonable resolution of this 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 18th day of October, 2016.

Copies: All Parties of Record

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