Felton v. Blade Buster, LLC et al

Filing 24

ORDER adopting 22 recommended resolution set forth in the Report and Recommendation; granting 19 Joint Motion for Approval of Settlement. This case is dismissed with prejudice. The Clerk of the Court is directed to close the file. Signed by Judge Marcia Morales Howard on 7/14/2011. (JW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
THOMAS FELTON,
Plaintiff,
v.

Case No. 3:10-cv-947-J-34TEM

BLADE BUSTER, LLC and
REGINALD RICHARDSON,
Defendants.
______________________________________

ORDER

THIS CAUSE is before the Court on Magistrate Judge Thomas E. Morris’ Report and
Recommendation (Dkt. No. 22; Report), entered on June 17, 2011, recommending that the
Settlement Agreement be found to be a fair and reasonable resolution of this dispute, that
the Joint Motion for Approval of Settlement (Dkt. No. 19; Joint Motion) be granted, and that
this case be dismissed with prejudice. See Report at 5. Neither party has filed an objection
to the Report, and the time for doing so has now passed.
The Court “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). If no specific
objections to findings of facts are filed, the district court is not required to conduct a de novo
review of those findings. See Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993); see
also 28 U.S.C. § 636(b)(1). However, the district court must review legal conclusions de
novo. See Cooper-Houston v. Southern Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994); United

States v. Rice, No. 2:07-mc-8-FtM-29SPC, 2007 WL 1428615, at * 1 (M.D. Fla. May 14,
2007).
The Court has conducted an independent examination of the record in this case and
a de novo review of the legal conclusions. Plaintiff filed suit against Defendants pursuant
to the Fair Labor Standards Act, 29 U.S.C. § 201 et seq. (FLSA), seeking recovery of unpaid
overtime. See Complaint and Demand for Jury Trial (Dkt. No. 1). Thereafter, the parties
engaged in settlement negotiations, which resulted in a resolution of the issues and claims
raised in this case. See Joint Motion (Dkt. No. 19). Upon review of the record, including the
Report, Joint Motion, and Settlement Agreement, the undersigned concludes that the
settlement represents a “reasonable and fair” resolution of Plaintiff’s FLSA claim.1
Accordingly, the Court will accept and adopt the recommended resolution set forth in Judge
Morris’ Report.
In light of the foregoing, it is hereby ORDERED:
1.

The recommended resolution set forth in Magistrate Judge Thomas E. Morris’

Report and Recommendation (Dkt. No. 22) is ADOPTED.
2.

The Joint Motion for Approval of Settlement (Dkt. No. 19) is GRANTED.

3.

For purposes of satisfying the FLSA, the Settlement Agreement is

APPROVED.
4.

This case is DISMISSED WITH PREJUDICE.

1
The Court finds, under the circumstances of this case, that the settlement is fair and
reasonable. In so doing, the Court declines to adopt the framework set forth in Bonetti v. Embarq Mgmt.
Co., 715 F.Supp.2d1222 (M.D. Fla. 2009) to the extent it suggests that this Court “will” approve a
particular settlement without separately considering the reasonableness of the attorney’s fees.

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5.

The Clerk of the Court is directed to terminate any pending motions or

deadlines as moot and close this file.
DONE AND ORDERED in Jacksonville, Florida, this 14th day of July, 2011.

ja
Copies to:
Counsel of Record

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