Jaynella v. Marc S. Schneider, M.D.

Filing 13

ORDER adopting 11 REPORT AND RECOMMENDATIONS re 10 Joint MOTION for Settlement Joint Motion for Approval of Settlement filed by Marc S. Schneider, M.D. The Report and Recommendation 11 is ACCEPTED and ADOPTED and the findings incorporated herein. The parties' Joint Motion for Approval of Settlement 10 is GRANTED and the Modified Release of Claims Agreement (Doc. 10 at 7-13) is APPROVED as a fair and reasonable resolution of the bona fide dispute under the Fair Labo r Standards Act. The above-captioned case is 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 6/11/2018. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
KIM JAYNELLA,
Plaintiff,
v.

Case No: 2:18-cv-164-FtM-38CM

MARC S. SCHNEIDER, M.D.,
Defendant.
/
OPINION AND ORDER1
Before the Court is United States Magistrate Judge Carol Mirando’s Report and
Recommendation. (Doc. 11). Judge Mirando recommends granting the parties’ Joint
Motion for Approval of Settlement (Doc. 10) and dismissing with prejudice all claims
asserted in this action by Plaintiff Kim Jaynella. The parties do not object to the Report
and Recommendation, and the time to do so has expired. For the following reasons, the
Court accepts and adopts the Report and Recommendation.
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

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may also receive further evidence or recommit the matter to the magistrate judge with
instructions.” Id.
After examining the file 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. 11) is ACCEPTED and ADOPTED
and the findings incorporated herein.
(2) The parties’ Joint Motion for Approval of Settlement (Doc. 10) is GRANTED
and the Modified Release of Claims Agreement (Doc. 10 at 7-13) is
APPROVED as a fair and reasonable resolution of the bona fide dispute under
the Fair Labor Standards Act.
(3) The above-captioned case is 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 11th day of June 2018.

Copies: All Parties of Record

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