Hill v. Aero-Marine Technologies, Inc.

Filing 25

ORDER adopting #24 REPORT AND RECOMMENDATIONS re #23 Joint MOTION for Settlement Approval and Memorandum of Law filed by David Hill. The Report and Recommendation #24 is ACCEPTED and ADOPTED and the findings incorporated herein. The Joint Motion for Approval of Settlement (Doc. 23) is GRANTED and the Settlement Agreement (Doc. 23 at 5-8) is APPROVED as a fair and reasonable resolution of the bona fide FLSA dispute. 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 8/16/2017. (LMF)

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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. 24). Judge McCoy recommends granting the parties’ Joint Motion for Approval of Settlement (Doc. 23) and approving the Settlement Agreement (Doc. 23 at 5-8) as a fair and reasonable resolution of a bona fide dispute under the Fair Labor Standards Act (“FLSA”). The parties do not object to the Report and Recommendation, and the time to do so has expired. 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 evidence 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. 24) is ACCEPTED and ADOPTED and the findings incorporated herein. (2) The Joint Motion for Approval of Settlement (Doc. 23) is GRANTED and the Settlement Agreement (Doc. 23 at 5-8) is APPROVED as a fair and reasonable resolution of the bona fide FLSA dispute. (3) This action is DISMISSED with prejudice. (4) 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 16th day of August 2017. Copies: All Parties of Record 2

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