Mckissick v. Marks Cabinetry Services, Inc.

Filing 42

ORDERED: The Report and Recommendation (Doc. 41) is DENIED without prejudice. The Joint Motion for Approval of Settlement and Motion to Dismiss the Case with Prejudice (Doc. 37) is DENIED without prejudice. The parties shall file a renewed m otion to approve the settlements to address the issues identified in the Report and Recommendation by August 5, 2021. Alternatively, the parties may file a notice of their intent to proceed under the operative Case Management and Scheduling Order (Do c. 39). Given the settlement, the parties are reminded they may consent to the assigned Magistrate Judge conducting "any or all proceedings," including review of the settlement and entry of final judgment. See 28 U.S.C. § 636(c)(1) . Of course, the parties "are free to withhold consent without adverse substantive consequence." Id. at § 636(c)(2). At this time, the parties have not consented. So on or before August 5, 2021, the parties are DIRECTED to file eit her one of two documents: (1) a completed copy of the consent form attached to the FLSA Scheduling Order (Doc. 10 at 9) OR (2) a joint notice simply stating they do not consent to the assigned Magistrate Judge. Signed by Judge Sheri Polster Chappell on 7/16/2021. (AEH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
DOUGLAS MCKISSICK,
Plaintiff,
v.

Case No: 2:20-cv-801-SPC-MRM

MARKS CABINETRY
SERVICES, INC.,
Defendant.
/
OPINION AND ORDER1
Before the Court is United States Magistrate Judge Mac R. McCoy’s
Report and Recommendation. (Doc. 41). Judge McCoy recommends denying
the parties’ joint motion for approval of settlement without prejudice and
giving the parties an opportunity to file a renewed motion to approve the
settlement to address the deficiencies identified in the Report and
Recommendation. Neither party objects 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.

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§ 636(b)(1). The 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 independently and upon considering Judge
McCoy’s findings and recommendations, the Court accepts and adopts the
Report and Recommendation.
Accordingly, it is now
ORDERED:
1. The Report and Recommendation (Doc. 41) is DENIED without
prejudice.
2. The Joint Motion for Approval of Settlement and Motion to Dismiss
the Case with Prejudice (Doc. 37) is DENIED without prejudice.
3. The parties shall file a renewed motion to approve the settlements to
address the issues identified in the Report and Recommendation by
August 5, 2021. Alternatively, the parties may file a notice of their
intent to proceed under the operative Case Management and
Scheduling Order (Doc. 39).
4. Given the settlement, the parties are reminded they may consent to
the assigned Magistrate Judge conducting “any or all proceedings,”
including review of the settlement and entry of final judgment. See

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28 U.S.C. § 636(c)(1). Of course, the parties “are free to withhold
consent without adverse substantive consequence.” Id. at § 636(c)(2).
At this time, the parties have not consented. So on or before August
5, 2021, the parties are DIRECTED to file either one of two
documents: (1) a completed copy of the consent form attached to the
FLSA Scheduling Order (Doc. 10 at 9) OR (2) a joint notice simply
stating they do not consent to the assigned Magistrate Judge.
DONE and ORDERED in Fort Myers, Florida on July 16, 2021.

Copies: All Parties of Record

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