Adkins v. Jimmy John's of Estero, Inc.

Filing 33

ORDER adopting 32 REPORT AND RECOMMENDATIONS re 31 Joint MOTION for Settlement Agreement Approval and to Dismiss with Prejudice filed by Beverly Adkins. The Report and Recommendation 32 is ACCEPTED and ADOPTED and the findings incorporated herein. The Joint Motion to Approve Settlement Agreement and to Dismiss with Prejudice (Doc. 31) is DENIED without prejudice. The parties are DIRECTED to elect one of the following options no later than April 28, 2017: a. File an amende d joint motion to approve a settlement agreement that adequately addresses the issues identified in the Report and Recommendation; or b. File a Case Management Report so this case may proceed. Signed by Judge Sheri Polster Chappell on 3/31/2017. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
BEVERLY ADKINS,
Plaintiff,
v.

Case No: 2:16-cv-617-FtM-38MRM

JIMMY JOHN’S OF ESTERO, INC.,
Defendant.
/
OPINION AND ORDER1
This matter comes before the Court on United States Magistrate Judge Mac R.
McCoy’s Report and Recommendation filed on March 15, 2017. (Doc. 32). Judge McCoy
recommends denying the parties’ Joint Motion to Approve Settlement Agreement and to
Dismiss with Prejudice (Doc. 31) because the inclusion of a Mutual General Release in
the proposed Settlement Agreement (Doc. 31-1) precludes a finding of fairness and
reasonableness of this wage and hour dispute. (Doc. 32). Because neither party objects
to the Report and Recommendation, 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

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.

proposed findings or recommendations to which objection is made.” Id. And “[t]he judge
may also receive further evidenced or recommit the matter to the magistrate judge with
instructions.” Id.
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. 32) is ACCEPTED and ADOPTED
and the findings incorporated herein.
2. The Joint Motion to Approve Settlement Agreement and to Dismiss with
Prejudice (Doc. 31) is DENIED without prejudice.
3. The parties are DIRECTED to elect one of the following options no later than
April 28, 2017:
a. File an amended joint motion to approve a settlement agreement that
adequately addresses the issues identified in the Report and
Recommendation; or
b. File a Case Management Report so this case may proceed.
DONE and ORDERED in Fort Myers, Florida this 31st day of March, 2017.

Copies: All Parties of Record

2