Kennedy v. Lowe's Home Centers, LLC

Filing 21

ORDER granting 20 Motion for Order Approving Plaintiff's Guardian to Enter Settlement Agreement for Plaintiff. Signed by Magistrate Judge Kyle C. Dudek on 5/13/2024. (CGW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
KEVIN KENNEDY,
Plaintiff,
v.

Case No.: 2:23-cv-1171-KCD

LOWE’S HOME CENTERS, LLC,
Defendant.
/
ORDER
Before the Court is a Joint Motion for Order Approving Plaintiff’s
Guardian to Enter Settlement Agreement for Plaintiff. (Doc. 20.) The parties
have settled this employment case and intend to execute a confidential
settlement agreement memorializing the settlement terms. Plaintiff’s mother,
Kathleen Kennedy, has been designated to serve as Plaintiff’s plenary
guardian, and Plaintiff attaches a Letter of Guardianship. (Doc. 20-1.)
Under Florida law, “[a] plenary guardian shall exercise all delegable
rights and power of the incapacitated person.” Fla. Stat. § 744.2005(6). As
Plaintiff’s plenary guardian, Kathleen Kennedy has the authority to settle
disputes and enter into settlement agreements on behalf of Plaintiff. See id. §
744.387(4). So the Court authorizes her to do so here. But the Court does not

otherwise approve the settlement because such relief has not been requested,
nor have the settlement terms been disclosed. See id. § 744.387(1), (3)(a), (b).
Accordingly, it is ORDERED:
The Joint Motion for Order Approving Plaintiff’s Guardian to Enter
Settlement Agreement for Plaintiff (Doc. 20) is GRANTED.
ORDERED in Fort Myers, Florida on May 13, 2024.

Copies: All Parties of Record

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