Colacitti et al v. IBC Enterprises, LLC et al

Filing 23

ORDER adopting 20 REPORT AND RECOMMENDATIONS re 19 Joint MOTION for Settlement ApprovalJoint MOTION to Dismiss Case With Prejudice filed by Cosimo Picci, Gabriele Marongiu, Rocco Colacitti, Moreno Schembari. The Repor t and Recommendation 20 is ACCEPTED and ADOPTED and the findings incorporated herein. The parties' Joint Motion to Approve FLSA Settlement and Dismiss Case with Prejudice 19 is GRANTED and the Settlement Agreements (Doc. #19-1) (Doc. #19-2) (Doc. #19-3) (Doc. #19-4) are APPROVED as fair and reasonable, except that the confidentiality provisions in each agreement be STRICKEN. The Clerk of Court is DIRECTED to enter judgment accordingly, dismiss the remainder of the case with prejudice, terminate all deadlines and motions, and to close the file. Signed by Judge Sheri Polster Chappell on 9/15/2016. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
ROCCO COLACITTI, GABRIELE
MARONGIU, MORENO SCHEMBARI
and COSIMO PICCI,
Plaintiffs,
v.

Case No: 2:16-cv-232-FtM-99CM

ALBERTO’S RESTAURANT, LLC
and ALBERTO VARETTA,
Defendants.
/
ORDER1
This matter comes before the Court on consideration of United States Magistrate
Judge Carol Mirando’s Report and Recommendation (Doc. #20) filed on September 2,
2016. Judge Mirando recommends granting the parties’ Joint Motion to Approve FLSA
Settlement and Dismiss Case With Prejudice (Doc. #19), and approving the parties’
Settlement Agreements (Doc. #19-1) (Doc. #19-2) (Doc. #19-3) (Doc. #19-4) as fair and
reasonable resolutions of a bona fide disputes under the Fair Labor Standards Act
(“FLSA”), except that the confidentiality agreements contained in each Settlement
Agreement must be stricken. (Doc. #20). The parties filed a Joint Response (Doc. #21)
on September 7, 2016, indicating that they had no objections to Judge Mirando’s Report
and Recommendation. As such, this matter is ripe for review.

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Upon a careful and thorough review of the findings, 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); see also Williams v. Wainwright, 681 F.2d 732
(11th Cir. 1982). In the absence of specific objections, the district judge is not required to
conduct a de novo review of the factual findings, 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). However, the district judge
reviews legal conclusions de novo, even in the absence of an objection. Cooper-Houston
v. Southern Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994).
After careful consideration of Judge Mirando’s Report and Recommendation and
after conducting an independent review of the record, this Court adopts, accepts, and
approves the Report and Recommendation (Doc. #20).
Accordingly, it is now
ORDERED:
1. The Report and Recommendation (Doc. #20) is ACCEPTED and ADOPTED
and the findings incorporated herein.
2. The parties’ Joint Motion to Approve FLSA Settlement and Dismiss Case with
Prejudice (Doc. #19) is GRANTED¸ and the Settlement Agreements (Doc. #191) (Doc. #19-2) (Doc. #19-3) (Doc. #19-4) are APPROVED as fair and
reasonable, except that the confidentiality provisions in each agreement be
STRICKEN.

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3. The Clerk of Court is DIRECTED to enter judgment accordingly, dismiss the
remainder of the case with prejudice, terminate all deadlines and motions, and
to close the file.
DONE and ORDERED in Fort Myers, Florida this 13th day of September, 2016.

Copies: All Parties of Record

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