Dyke v. Cafe Luna of Naples, Inc. et al

Filing 63

ORDER adopting 61 REPORT AND RECOMMENDATIONS re 60 Joint MOTION for miscellaneous relief, specifically for Settlement Approval filed by Melissa Van Dyke. The Report and Recommendation 61 is ACCEPTED and ADOPTED and the findi ngs incorporated herein. The Joint Motion for Settlement for Approval 60 is GRANTED and the Settlement Agreement and Release (Doc. [60-1]) is APPROVED as a fair and reasonable resolution of the bona fide FLSA dispute. This action is DISMISSED with prejudice. The Clerk is DIRECTED to enter judgment accordingly, terminate any pending deadlines and motions, and close the file. Signed by Judge Sheri Polster Chappell on 10/31/2017. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
MELISSA VAN DYKE, an individual
Plaintiff,
v.

Case No: 2:16-cv-401-FtM-38CM

CAFE LUNA OF NAPLES, INC.,
CAFE LUNA EAST, LLC, SHANNON
RADOSTI and EDWARD
BARSAMIAN,
Defendants.
/
OPINION AND ORDER1
This matter comes before the Court on United States Magistrate Judge Carol
Mirando’s Report and Recommendation.

(Doc. 61).

Judge Mirando recommends

granting the Joint Motion for Settlement for Approval (Doc. 60) and approving the
Settlement Agreement and Release (Doc. 60-1) as a fair and reasonable resolution of a
bona fide dispute under the Fair Labor Standards Act. Because the parties do not object
to the Report and Recommendation (Doc. 62), this matter is ripe for review.
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). The district
judge “shall make a de novo determination of those portions of the report or specified
proposed findings or recommendations to which objection is made.” Id. And “[t]he judge

1

Disclaimer: Documents filed in CM/ECF may contain hyperlinks to other documents or websites. These
hyperlinks are provided only for users’ convenience. Users are cautioned that hyperlinked documents in
CM/ECF are subject to PACER fees. By allowing hyperlinks to other websites, this Court does not endorse,
recommend, approve, or guarantee any third parties or the services or products they provide on their
websites. Likewise, the Court has no agreements with any of these third parties or their websites. The
Court accepts no responsibility for the availability or functionality of any hyperlink. Thus, the fact that a
hyperlink ceases to work or directs the user to some other site does not affect the opinion of the Court.

may also receive further evidence or recommit the matter to the magistrate judge with
instructions.” Id.
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) The Report and Recommendation (Doc. 61) is ACCEPTED and ADOPTED
and the findings incorporated herein.
(2) The Joint Motion for Settlement for Approval (Doc. 60) is GRANTED and the
Settlement Agreement and Release (Doc. 60-1) is APPROVED as a fair and
reasonable resolution of the bona fide FLSA dispute.

This action is

DISMISSED with prejudice.
(3) The Clerk is DIRECTED to enter judgment accordingly, terminate any pending
deadlines and motions, and close the file.
DONE and ORDERED in Fort Myers, Florida this 31st day of October 2017.

Copies: All Parties of Record

2