Malbranche v. Redi Care Nursing Services, LLC

Filing 33

ORDER adopting 32 REPORT AND RECOMMENDATIONS re 30 Joint MOTION for Settlement [Approval of Settlement and Dismissal with Prejudice] filed by Redi Care Nursing Services, LLC. The Report and Recommendation 32 is ACCEPTED and AD OPTED and the findings incorporated herein. The Joint Motion for Approval of Settlement and Dismissal with Prejudice 30 is GRANTED in part and DENIED in part. The Court grants the motion to the extent it approves the Settlement Agreement (Doc. 30- 1) as a fair and reasonable resolution of a bona fide dispute under the FLSA. But it denies the motion to the extent it will not retain jurisdiction to enforce the Settlement Agreement. 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)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
ROSE MALBRANCHE,
Plaintiff,
v.

Case No: 2:17-cv-74-FtM-38CM

REDI CARE NURSING SERVICES,
LLC,
Defendant.
/
OPINION AND ORDER1
This matter comes before the Court on United States Magistrate Judge Carol
Mirando’s Report and Recommendation.

(Doc. 32).

Judge Mirando recommends

granting in part the parties’ Joint Motion for Approval of Settlement and Dismissal with
Prejudice (Doc. 30) and approving their Settlement Agreement (Doc. 30-1) as a fair and
reasonable resolution of a bona fide dispute under the Fair Labor Standards Act. The
parties have not objected 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

1

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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. 32) is ACCEPTED and ADOPTED
and the findings incorporated herein.
(2) The Joint Motion for Approval of Settlement and Dismissal with Prejudice (Doc.
30) is GRANTED in part and DENIED in part. The Court grants the motion to
the extent it approves the Settlement Agreement (Doc. 30-1) as a fair and
reasonable resolution of a bona fide dispute under the FLSA. But it denies the
motion to the extent it will not retain jurisdiction to enforce the Settlement
Agreement.
(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 15th day of August 2017.

Copies: All Parties of Record

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