Prada et al v. DCS Enterprises, Inc. et al

Filing 54

ORDER adopting 51 REPORT AND RECOMMENDATIONS re 50 Joint MOTION for Settlement Approval of Settlements Between Plaintiffs Green and Lockwood and the DefendantsJoint MOTION to Dismiss Claims of Plaintiffs' Lockwood and Green With Prejudice . The Report and Recommendation 51 is ACCEPTED and ADOPTED and the findings incorporated herein. The Joint Motion for Approval of Settlements and Dismissal with Prejudice 50 is GRANTED and the Settlement Agreements (Doc. 50- 1; Doc. 50-2) are APPROVED as a fair and reasonable resolution of the bona fide FLSA dispute. The Court DISMISSES with prejudice all claims asserted by Plaintiffs Kristy Lockwood and Demetric Green. The Clerk of Court is DIRECTED to enter judgment accordingly and terminate Plaintiffs Kristy Lockwood and Demetric Green from the case file.Signed by Judge Sheri Polster Chappell on 9/1/2017. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
VANESSA PRADA, KRISTY
LOCKWOOD, DEMETRIC GREEN and
JIMMY WALKER,
Plaintiffs,
v.

Case No: 2:16-cv-850-FtM-38CM

DCS ENTERPRISES, INC., DAVID
STEWART and SUE STEWART,
Defendants.
/
OPINION AND ORDER1
This matter comes before the Court on United States Magistrate Judge Carol
Mirando’s Report and Recommendation.

(Doc. 51).

Judge Mirando recommends

granting the Joint Motion for Approval of Settlements and Dismissal with Prejudice (Doc.
50) filed by Plaintiffs Kristy Lockwood and Demetric Green and Defendants DCS
Enterprises, Inc., David Stewart, and Sue Stewart.2 The recommendation also includes
approving the Settlement Agreements (Doc. 50-1; Doc. 50-2) as a fair and reasonable

1

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2

Plaintiffs Jimmy Walker and Vanessa Prada are proceeding pro se and did not join in
this motion. (Doc. 50 at 1 n.1).

resolution of a bona fide dispute under the Fair Labor Standards Act. Because the parties
do not object to the Report and Recommendation (Doc. 53), 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
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. 51) is ACCEPTED and ADOPTED
and the findings incorporated herein.
(2) The Joint Motion for Approval of Settlements and Dismissal with Prejudice
(Doc. 50) is GRANTED and the Settlement Agreements (Doc. 50-1; Doc. 502) are APPROVED as a fair and reasonable resolution of the bona fide FLSA
dispute.
(3) The Court DISMISSES with prejudice all claims asserted by Plaintiffs Kristy
Lockwood and Demetric Green.
(4) The Clerk of Court is DIRECTED to enter judgment accordingly and terminate
Plaintiffs Kristy Lockwood and Demetric Green from the case file.

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DONE and ORDERED in Fort Myers, Florida this 1st day of September 2017.

Copies: All Parties of Record

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