Marcelletti et al v. Stellar Group, Inc. et al

Filing 13

ORDER adopting 12 Report and Recommendation; granting 8 Joint Motion for Approval of Settlement. This case is dismissed with prejudice and the Clerk of the Court is directed to close the file. Signed by Judge Marcia Morales Howard on 10/5/2011. (JW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
DAISY MARCELLETTI, MARJORIE
GUERRERO, and all others similarly
situated,
Plaintiffs,
v.

Case No. 3:11-cv-244-J-34JBT

STELLAR GROUP, INC., et al.,
Defendants.
______________________________________

ORDER

THIS CAUSE is before the Court on Magistrate Judge Joel B. Toomey’s Report and
Recommendation (Dkt. No. 12; Report), entered on July 25, 2011, recommending that the
Joint Motion for Approval of Settlement and Incorporated Memorandum of Law (Dkt. No. 8;
Joint Motion) be granted, that the Court approve the parties’ settlement, and that this case
be dismissed with prejudice. See Report at 9. 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. Plaintiffs 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. 8). Upon review of the record, including the
Report, Joint Motion, and Settlement Agreement and Release, the undersigned concludes
that the settlement represents a “reasonable and fair” resolution of Plaintiffs’ FLSA claims.
Accordingly, the Court will accept and adopt Judge Toomey’s Report.
In light of the foregoing, it is hereby ORDERED:
1.

Magistrate Judge Joel B. Toomey’s Report and Recommendation (Dkt. No. 12)

is ADOPTED as the opinion of the Court.
2.

The Joint Motion for Approval of Settlement and Incorporated Memorandum

of Law (Dkt. No. 8) is GRANTED, and the parties are ordered to comply with the obligations
set forth therein.
3.

For purposes of satisfying the FLSA, the Settlement Agreement and Release

is APPROVED.
4.

This case is DISMISSED WITH PREJUDICE with each party to pay its own

fees and costs, except as provided in the Joint Motion.

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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 5th day of October, 2011.

ja
Copies to:
Counsel of Record

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