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

Filing 37

ORDER adopting 35 REPORT AND RECOMMENDATIONS re 34 Amended MOTION for Settlement Agreement Approval and to Dismiss with Prejudice filed by Beverly Adkins. The Report and Recommendation 35 is ACCEPTED and ADOPTED and the finding s incorporated herein. The Joint Amended Motion to Approve Settlement Agreement and to Dismiss with Prejudice 34 is GRANTED. 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 4/18/2017. (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. (Doc. 35). Judge McCoy recommends granting
the parties’ Joint Amended Motion to Approve Settlement Agreement (Doc. 34) and
approving the Settlement Agreement (Doc. 34-1) as a “fair and reasonable resolution of
a bona fide dispute” of the Fair Labor Standards Act claims. Neither party objects to the
Report and Recommendation. (Doc. 36).
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

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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. 35) is ACCEPTED and ADOPTED
and the findings incorporated herein.
2. The Joint Amended Motion to Approve Settlement Agreement and to Dismiss
with Prejudice (Doc. 34) is GRANTED.

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 18th day of April, 2017.

Copies: All Parties of Record

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