Morales v. American Residential Services, LLC

Filing 28

ORDER adopting 26 the Report and Recommendation. The parties' Joint Motion for Approval of Settlement (Doc. 25) is DENIED without prejudice. The parties' renewed joint motion (Doc. 27) remains under advisement. See Order for details. Signed by Judge John L. Badalamenti on 7/16/2021. (NM)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
JOSEPH MORALES,
Plaintiff,
v.

Case No: 2:21-cv-71-JLB-MRM

AMERICAN RESIDENTIAL SERVICES,
LLC,
Defendant.
ORDER
The Magistrate Judge filed a Report and Recommendation (“R&R”)
recommending that the parties’ Joint Motion for Approval of Settlement (Doc. 25) be
denied without prejudice. (Doc. 26.) Rather than object, the parties filed a
renewed motion which “addresses those issues [in the R&R] and seeks to cure them
so that approval of the settlement for the Plaintiff’s FLSA claims will be granted by
the Court.” (Doc. 27 at 2.) The parties also filed a revised settlement agreement
comporting with the R&R’s findings and recommendations. (Doc. 27-1.)
A district judge may accept, reject, or modify the magistrate judge’s R&R.
28 U.S.C. § 636(b)(1)(C). The factual findings in the R&R need not be reviewed de
novo in the absence of an objection, but legal conclusions are always reviewed de
novo. Id.; Cooper-Houston v. Southern Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994);
Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993).

After an independent review of the record, and noting that the parties
renewed their motion specifically to address the Magistrate Judge’s
recommendation, the Court agrees with and adopts the well-reasoned R&R.
Accordingly, it is ORDERED:
1.

The Report and Recommendation (Doc. 26) is ADOPTED for all
purposes.

2.

The parties’ Joint Motion for Approval of Settlement (Doc. 25) is
DENIED without prejudice.

3.

The parties’ renewed joint motion (Doc. 27) remains under advisement.

ORDERED at Fort Myers, Florida, on July 16, 2021.

-2-