Lofton v. LL & J Concrete, Inc. et al

Filing 28

ORDER granting 23 Joint Motion to Determine Fairness and Reasonableness of Settlement; Adopting Report and Recommendations - re 26 Report and Recommendations. Paragraph 3 of the Settlement Agreement is MODIFIED to include only the Fair La bor Standards Act claims raised in this case. Paragraph 71 of the Settlement Agreement is STRICKEN. This case is DISMISSED with prejudice. The Clerk is directed to close this case. Signed by Judge Carlos E. Mendoza on 10/25/2017. (DJD)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA OCALA DIVISION CASEY LOFTON, Plaintiff, v. Case No: 5:17-cv-91-Oc-41PRL LL & J CONCRETE, INC. and LEVI N. WEST, Defendants. / ORDER THIS CAUSE is before the Court on the Joint Motion to Determine Fairness and Reasonableness of Settlement (Doc. 23). United States Magistrate Judge Philip R. Lammens issued a Report and Recommendation (Doc. 26), in which he recommends that the Settlement Agreement (Doc. 25-1) be modified and then the motion be granted. After an independent de novo review, and noting that the parties filed a Joint Response Waiving Objections (Doc. 27), the Court agrees with the analysis in the Report and Recommendation. Therefore, it is ORDERED and ADJUDGED as follows: 1. The Report and Recommendation (Doc. 26) is ADOPTED and CONFIRMED and made a part of this Order. 2. Paragraph 3 of the Settlement Agreement is MODIFIED to include only the Fair Labor Standards Act claims raised in this case. 3. Paragraph 7 1 of the Settlement Agreement is STRICKEN. 1 The Settlement Agreement does not contain a paragraph 6, so this paragraph follows paragraph 5 but it is labeled as paragraph 7. Page 1 of 2 4. With the above modifications, the Settlement Agreement (Doc. 25-1) is APPROVED and the Joint Motion to Determine Fairness and Reasonableness of Settlement (Doc. 23) is GRANTED. 5. This case is DISMISSED with prejudice. 6. The Clerk is directed to close this case. DONE and ORDERED in Orlando, Florida on October 25, 2017. Copies furnished to: Counsel of Record Page 2 of 2

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