Gertz v. Coastal Reconstruction, Inc.

Filing 25

ORDER adopting 22 Report and Recommendation; granting 21 Joint Renewed Motion for Court Approval of Settlement Agreement and Dismissal With Prejudice. This case is dismissed with prejudice. The Clerk of the Court is directed to close the file. Signed by Judge Marcia Morales Howard on 9/17/2014. (JW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
PAUL GERTZ,
Plaintiff,
-vs-

Case No. 3:13-cv-1084-J-34JBT

COASTAL RECONSTRUCTION, INC.,
a Florida Corporation,
Defendant.
______________________________________

ORDER

THIS CAUSE is before the Court on Magistrate Judge Joel B. Toomey’s Report and
Recommendation (Dkt. No. 22; Report), entered on September 10, 2014, recommending that
the Joint Renewed Motion for Court Approval of Settlement Agreement and Dismissal With
Prejudice (Dkt. No. 21; Motion) be granted, that the Court approve the parties’ settlement,
and that this case be dismissed with prejudice. See Report at 8. On September 16, 2014,
the parties filed a notice advising the Court that they accept the Report and will not file
objections. See Amended Joint Certificate of Non-Objection to Report and Recommendation
of Magistrate Judge (Dkt. No. 24).
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 Defendant pursuant to
the Fair Labor Standards Act, 29 U.S.C. § 201 et seq. (FLSA), seeking recovery of unpaid
overtime. See Complaint (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
Motion (Dkt. No. 21).

Upon review of the record, including the Report, Motion, and

Settlement Agreement, the undersigned concludes that the settlement represents a
“reasonable and fair” resolution of Plaintiff’s 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. 22)

is ADOPTED as the opinion of the Court.
2.

The Joint Renewed Motion for Court Approval of Settlement Agreement and

Dismissal With Prejudice (Dkt. No. 21) is GRANTED.
3.

For purposes of satisfying the FLSA, the Settlement Agreement (Dkt. No. 21-1)

is APPROVED.
4.

This case is DISMISSED WITH PREJUDICE.

-2-

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 17th day of September, 2014.

ja
Copies to:
Counsel of Record

-3-