Del Toro v. American Janitorial, Inc.

Filing 25

ORDER adopting 23 Report and Recommendation; granting 22 Stipulation of Dismissal and 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 6/30/2017. (JW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
ELENA DEL TORO,
Plaintiff,
vs.

Case No. 5:16-cv-667-Oc-34PRL

AMERICAN JANITORIAL, INC.,
Defendant.
______________________________________

ORDER

THIS CAUSE is before the Court on Magistrate Judge Philip R. Lammens’ Report and
Recommendation (Dkt. No. 23; Report), entered on June 22, 2017, recommending that the
Stipulation of Dismissal and Joint Motion for Approval of Settlement of FLSA Claims (Dkt.
No. 22; Motion) be granted. See Report at 4. On June 26, 2017, the parties filed a notice
advising the Court that they have no objections to the Report. See Joint Notice of No
Objection (Dkt. No. 24). Accordingly, this matter is ripe for review.
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
compensation. See Amended Complaint (Dkt. No. 8). 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. 22). 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 Lammens’ Report.
In light of the foregoing, it is hereby ORDERED:
1.

Magistrate Judge Philip R. Lammens’ Report and Recommendation (Dkt. No.

23) is ADOPTED as the opinion of the Court.
2.

The Stipulation of Dismissal and Joint Motion for Approval of Settlement of

FLSA Claims (Dkt. No. 22) is GRANTED.
3.

For purposes of satisfying the FLSA, the Settlement Agreement (Dkt. No. 22-1)

is APPROVED.
4.

This case is DISMISSED WITH PREJUDICE.

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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 Chambers, this 30th day of June, 2017.

ja
Copies to:
Hon. Philip R. Lammens
Counsel of Record

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