Pozo et al v. Direct Heating & Cooling, Inc. et al
Filing
21
ORDER adopting 20 REPORT AND RECOMMENDATIONS re 19 Joint MOTION for Settlement Approval and Dismiss with Prejudice filed by Michael Butler, Maykol Pozo. The Report and Recommendation 20 is accepted and adopted and its findings incorporated herein. The parties' Joint Motion to Approve Settlement and Dismiss With Prejudice 19 is DENIED WITHOUT PREJUDICE to the parties exercising one of the two options provided in the Report and Recommendation, on or before August 18, 2017. Signed by Judge Sheri Polster Chappell on 8/2/2017. (LMF)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
MAYKOL POZO and MICHAEL
BUTLER, individually, and on behalf of
all others similarly situated
Plaintiffs,
v.
Case No: 2:17-cv-170-FtM-99MRM
DIRECT HEATING & COOLING,
INC. and MITZIE FOX-LERNER,
Defendants.
/
OPINION AND ORDER1
This matter comes before the Court on review of United States Magistrate Judge
Mac R. McCoy’s Report and Recommendation (Doc. 20), recommending that the parties’
Joint Motion to Approve Settlement and Dismiss With Prejudice (Doc. 19) be denied
without prejudice. No objections have been filed 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
proposed findings or recommendations to which objection is made.” Id. And “[t]he judge
1
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may also receive further evidenced or recommit the matter to the magistrate judge with
instructions.” Id.
The Settlement Agreement and General Release (Doc. 19-1) was not
recommended for approval based on the presence of a waiver and general release
without evidence of any additional consideration, and the failure of the parties to include
or discuss liquidated damages and attorneys’ fees. After conducting an independent
examination of the file and upon due consideration of the Report and Recommendation,
the Court accepts the Report and Recommendation.
Accordingly, it is now
ORDERED:
(1) The Report and Recommendation (Doc. 20) is accepted and adopted and its
findings incorporated herein.
(2) The parties’ Joint Motion to Approve Settlement and Dismiss With Prejudice
(Doc. 19) is DENIED WITHOUT PREJUDICE to the parties exercising one of the two
options provided in the Report and Recommendation, on or before August 18, 2017.
DONE and ORDERED in Fort Myers, Florida this 2nd day of August, 2017.
Copies: All Parties of Record
2
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