Hall v. The United Group of Companies, Inc. et al
Filing
39
OPINION AND ORDER granting 37 Motion to Approve Settlement; approving settlement except as to the waiver of jury trial provision, which is stricken; adopting and incorporating 38 Report and Recommendations. The Clerk shall enter judgment dismissing the case with prejudice, terminate all pending matters, and close the file. Signed by Judge John E. Steele on 1/7/2019. (RKR)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
SHALIECE D. HALL,
Plaintiff,
v.
Case No:
2:17-cv-607-FtM-29MRM
THE
UNITED
GROUP
OF
COMPANIES,
INC.,
CARLYLE
INVESTMENT MANAGEMENT LLC,
and UNITED PAYROLL, LLC,
Defendants.
OPINION AND ORDER
This matter is before the Court on consideration of the
Magistrate Judge’s Report and Recommendation (Doc. #38), filed
December 20, 2018, recommending that the Joint Motion to Approve
[sic] Settlement and Dismiss Action With Prejudice (Doc. #37) be
granted, and the Settlement Agreement and Release of the FLSA Claim
(Doc. #37-1) be approved with a modification.
No objections have
been filed and the time to do so has expired.
After conducting a careful and complete review of the findings
and recommendations, a district judge may accept, reject or modify
the magistrate judge’s report and recommendation.
28 U.S.C. §
636(b)(1); Williams v. Wainwright, 681 F.2d 732 (11th Cir. 1982),
cert. denied, 459 U.S. 1112 (1983).
In the absence of specific
objections, there is no requirement that a district judge review
factual findings de novo, 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.
636(b)(1).
28 U.S.C. §
The district judge reviews legal conclusions de novo,
even in the absence of an objection.
See Cooper-Houston v.
Southern Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994); Castro
Bobadilla v. Reno, 826 F. Supp. 1428, 1431-32 (S.D. Fla. 1993),
aff’d, 28 F.3d 116 (11th Cir. 1994) (Table).
The Magistrate Judge found that the parties’ settlement was
fair and reasonable with the exception of the waiver of jury trial
provision because there was no indication that plaintiff received
additional consideration for the waiver.
After conducting an
independent examination of the file and upon due consideration of
the Report and Recommendation, the Court accepts the Report and
Recommendation of the magistrate judge.
Accordingly, it is now
ORDERED:
1.
The
Report
and
Recommendation
(Doc.
#38)
is
hereby
adopted and the findings incorporated herein.
2.
The parties' Joint Motion to Approve [sic] Settlement
and Dismiss Action With Prejudice (Doc. #37) is granted to the
extent that the Settlement Agreement and Release of the FLSA Claim
(Doc. #37-1) is approved as a fair and reasonable resolution of a
bona fide dispute except that the Waiver of Jury Trial provision
is stricken and severed.
- 2 -
3.
The Clerk shall enter judgment dismissing the case with
prejudice, terminate all deadlines and motions, and close the file.
DONE and ORDERED at Fort Myers, Florida, this
January, 2019.
Copies:
Hon. Mac R. McCoy
United States Magistrate Judge
Counsel of Record
Unrepresented parties
- 3 -
7th
day of
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