Fusic v. King Plastic Corporation et al

Filing 40

ORDER adopting 38 REPORT AND RECOMMENDATIONS re 37 Amended MOTION for Settlement Approval and to Dismiss Action With Prejudice filed by King Plastic Corporation. United Sates Magistrate Judge Carol Mirando's Report and Reco mmendation 38 is ACCEPTED and ADOPTED. The parties' Amended Joint Motion to Approve Settlement Agreement 37 is GRANTED, and the Settlement Agreement (Doc. 37 at 6-11) is APPROVED as fair and reasonable. Signed by Judge Sheri Polster Chappell on 4/9/2018. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
THOMAS FUSIC, on behalf of himself
and others similarly situated
Plaintiff,
v.

Case No: 2:17-cv-390-FtM-38CM

KING PLASTIC CORPORATION,
Defendant.
/
OPINION AND ORDER1
This matter comes before the Court on review of United Sates Magistrate Judge
Carol Mirando's Report and Recommendation (Doc. 38), filed on April 3, 2018. The
parties jointly move to waive the objection period. (Doc. 39). Thus, the matter is ripe for
review.
Judge Mirando recommends granting the parties’ Amended Joint Motion to
Approve Settlement Agreement (Doc. 37) as a fair and reasonable resolution to a bona
fide dispute under the Fair Labor Standards Act (“FLSA”). Upon a careful and thorough
review of the findings, 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);

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see also Williams v. Wainwright, 681 F.2d 732 (11th Cir. 1982). In the absence of specific
objections, the district judge is not required to conduct a de novo review of the factual
findings, Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993), and the court may
accept, reject, or modify, in whole or in part, the findings and recommendations. 28
U.S.C. § 636(b)(1)(C). However, the district judge reviews legal conclusions de novo,
even in the absence of an objection. Cooper-Houston v. Southern Ry. Co., 37 F.3d 603,
604 (11th Cir. 1994).
After careful consideration of Judge Mirando’s Report and Recommendation and
after conducting an independent review of the record, this Court adopts, accepts, and
approves the Report and Recommendation (Doc. 38).
Accordingly, it is now ORDERED:
1. United Sates Magistrate Judge Carol Mirando's Report and Recommendation
(Doc. 38) is ACCEPTED and ADOPTED.
2. The parties’ Amended Joint Motion to Approve Settlement Agreement (Doc.
37) is GRANTED, and the Settlement Agreement (Doc. 37 at 6-11) is
APPROVED as fair and reasonable.
3. The Clerk of Court is DIRECTED to enter judgment accordingly, dismiss the
remainder of the case with prejudice, terminate all deadlines and motions, and
close the file.
DONE and ORDERED in Fort Myers, Florida this 8th day of April, 2018.

Copies: All Parties of Record

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