Hill v. Aero-Marine Technologies, Inc.

Filing 22

ORDER adopting #21 REPORT AND RECOMMENDATIONS re #16 First MOTION to Amend/Correct Defendant's Motion to Enforce Mediation Agreement filed by Aero-Marine Technologies, Inc. The Report and Recommendation #21 is ACCEPTED and ADOPTED and the findings incorporated herein. Defendant Aero-Marine Technologies Inc.'s Amended Motion to Enforce Mediation Agreement #16 is DENIED without prejudice. The parties are DIRECTED to elect one of the following options on or before August 18, 2017: a. File a joint motion to approve a settlement agreement that comports with Lynn's Food; or b. File a Case Management Report so this case may proceed. Signed by Judge Sheri Polster Chappell on 7/20/2017. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
DAVID HILL, individually, and on behalf
of all others similarly situated
Plaintiff,
v.

Case No: 2:17-cv-53-FtM-38MRM

AERO-MARINE TECHNOLOGIES,
INC.,
Defendant.
/
OPINION AND ORDER1
This matter comes before the Court on United States Magistrate Judge Mac R.
McCoy’s Report and Recommendation. (Doc. 21). Judge McCoy recommends denying
Defendant Aero-Marine Technologies Inc.’s Amended Motion to Enforce Mediation
Agreement. (Doc. 16). The recommendation comes because neither the Amended
Motion nor the Mediation Agreement (Doc. 16-1) provide sufficient information on whether
the proposed settlement satisfies the requirements under Lynn’s Food Store, Inc. v.
United States, 679 F.2d 1350, 1355 (11th Cir. 1982). Neither party objects 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 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. 21) is ACCEPTED and ADOPTED
and the findings incorporated herein.
2. Defendant Aero-Marine Technologies Inc.’s Amended Motion to Enforce
Mediation Agreement (Doc. 16) is DENIED without prejudice.
3. The parties are DIRECTED to elect one of the following options on or before
August 18, 2017:
a. File a joint motion to approve a settlement agreement that comports with
Lynn’s Food; or
b. File a Case Management Report so this case may proceed.
DONE and ORDERED in Fort Myers, Florida this 120th day of July 2017.

Copies: All Parties of Record

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