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

Filing 57

ORDER adopting 56 REPORT AND RECOMMENDATIONS re 32 Response filed by Kristy Lockwood, Demetric Green. The Report and Recommendation (Doc. 56 ) is ACCEPTED and ADOPTED and the findings incorporated herein. The claims of Plaintiffs Vanessa Prada and Jimmy Walker are DISMISSED without prejudice. The Clerk is DIRECTED to enter judgment accordingly, terminate any pending deadlines, 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
VANESSA PRADA 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. 56).

Judge Mirando recommends

dismissing Plaintiffs Vanessa Prada and Jimmy Walker’s claims under the Fair Labor
Standards Act because they have not provided, despite several opportunities, sufficient
settlement documents for the Court’s review under Lynn’s Food Store, Inc. v. United
States, 679 F.2d 1350, 1355 (11th Cir. 1982). Because the Court cannot determine
whether their settlement agreements are fair and reasonable, Judge Mirando
recommends dismissing without prejudice their claims. Neither Prada nor Walker object
to the Report and Recommendation, and the time to do so has expired.

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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
Accordingly, it is now
ORDERED:
(1) The Report and Recommendation (Doc. 56) is ACCEPTED and ADOPTED
and the findings incorporated herein.
(2) The claims of Plaintiffs Vanessa Prada and Jimmy Walker are DISMISSED
without prejudice.
(3) The Clerk is DIRECTED to enter judgment accordingly, terminate any pending
deadlines, and close the file.
DONE and ORDERED in Fort Myers, Florida this 31st day of October 2017.

Copies: All Parties of Record

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