Werman v. Segui et al
ORDER adopting 27 REPORT AND RECOMMENDATIONS re 25 JOINT MOTION for approval of Parties' FLSA SettlementJoint MOTION to Dismiss with Prejudice filed by William Stine, David Kelly, Rotonda Golf Partners, LLC, Rotonda Go lf Partners II, LLC. The Report and Recommendation 27 is ACCEPTED and ADOPTED and the findings incorporated herein. The parties' Joint Motion for Approval of Settlement and Dismissal with Prejudice 25 is GRANTED and the Settlement Agreement and Release of FLSA Claims [25-2] 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 10/12/2016. (LMF)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
MARK WERMAN, RONALD SEGUI,
WILLIAM CONNELLY, DERRICK
HEDGES, JEFF NAVES, RANDY
KATRENAK, JEFFREY PURTEE,
SCOTT REMBISZ, RICHARD SCOTT,
WAYNE TAYLOR and RAMON REYESTERRAZAS, On Behalf Of Themselves
and Others Similarly Situated Persons
Case No: 2:16-cv-356-FtM-38CM
ROTONDA GOLF PARTNERS, LLC,
ROTONDA GOLF PARTNERS II,
LLC, WILLIAM STINE and DAVID
This matter comes before the Court on United States Magistrate Judge Carol
Mirando's Report and Recommendation (Doc. #27) filed on October 5, 2016. Judge
Mirando recommends granting the parties’ Joint Motion for Approval of Settlement and
Dismissal of Action with Prejudice (Doc. #25) and approving their Settlement Agreement
and Release of FLSA Claims (Doc. #25-2) 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. #27). The
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parties do not object to the Report and Recommendation. (Doc. #28). 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,
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 the Report and
Recommendation (Doc. #27).
Accordingly, it is now
1. The Report and Recommendation (Doc. #27) is ACCEPTED and ADOPTED
and the findings incorporated herein.
2. The parties’ Joint Motion for Approval of Settlement and Dismissal with
Prejudice (Doc. #25) is GRANTED and the Settlement Agreement and Release
of FLSA Claims (Doc. #25-2) 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 12th day of October, 2016.
Copies: All Parties of Record
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