O'Neill v. Southern Wrecker and Recovery, LLC et al
Filing
21
ORDER AND STIPULATED FINAL JUDGMENT adopting 20 Report and Recommendation; granting 17 Joint Motion for Approval of Settlement Agreement and to Dismiss Lawsuit With Prejudice; granting 19 Joint Motion for Approval of Settlement Agreement. This case is dismissed with prejudice. The Clerk of the Court is directed to close the file. Signed by Judge Marcia Morales Howard on 10/27/2015. (JW)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
PATRICIA O’NEILL, on her own behalf and
others similarly situated,
Plaintiff,
vs.
Case No. 3:15-cv-126-J-34JRK
SOUTHERN WRECKER AND
RECOVERY, LLC and GREG GAYLORD,
Defendants.
_____________________________________/
ORDER AND STIPULATED FINAL JUDGMENT
THIS CAUSE is before the Court on Magistrate Judge James R. Klindt’s Report and
Recommendation (Dkt. No. 20; Report), entered on October 1, 2015, recommending that the
Joint Motion for Approval of Settlement Agreement and to Dismiss Lawsuit With Prejudice
(Dkt. No. 17; Motion), as supplement by the Joint Motion for Approval of Settlement
Agreement (Dkt. No. 19; Supplemental Motion) be granted to the extent that the Court enter
an Order and Stipulated Final Judgment approving the parties’ Amended Settlement
Agreement and that this case be dismissed with prejudice. See Report at 4-5. None of the
parties have 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
overtime compensation and unpaid wages. 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. 17); Supplemental Motion (Dkt. No. 19).
Upon review of the record, including the Report, Motion, Supplemental Motion and Amended
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 Klindt’s Report.
In light of the foregoing, it is hereby ORDERED:
1.
Magistrate Judge James R. Klindt’s Report and Recommendation (Dkt. No. 20)
is ADOPTED as the opinion of the Court.
2.
The Joint Motion for Approval of Settlement Agreement and to Dismiss Lawsuit
With Prejudice (Dkt. No. 17), as supplement by the Joint Motion for Approval of Settlement
Agreement (Dkt. No. 19) are GRANTED.
3.
For purposes of satisfying the FLSA, the Amended Settlement Agreement (Dkt.
No. 19-1) is APPROVED.
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4.
This case is DISMISSED WITH PREJUDICE.
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 27th day of October, 2015.
ja
Copies to:
Counsel of Record
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