Russell v. ECI Electric Inc. et al

Filing 34

ORDER granting 32 Motion for Settlement; the Settlement Agreement, as amended by this Court, is APPROVED; and this case is DISMISSED with prejudice. The Clerk is directed to close this case. Adopting Report and Recommendations - re 33 Report and Recommendations. Signed by Judge Carlos E. Mendoza on 1/4/2018. (DJD)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION

MARY LISA RUSSELL,
Plaintiff,
v.

Case No: 5:17-cv-129-Oc-41PRL

ECI ELECTRIC INC., WILLIAM
LAWSON and PAUL LAWSON,
Defendants.
/
ORDER
THIS CAUSE is before the Court on the parties’ Joint Motion for Settlement Approval and
Dismissal with Prejudice (Doc. 32). United States Magistrate Judge Philip R. Lammens submitted
a Report and Recommendation (Doc. 33), recommending that the Court grant the motion.
After a de novo review, and noting that no objections were timely filed, the Court agrees
with the analysis in the Report and Recommendation, with the addition of the following caveat: to
the extent that the Settlement Agreement purports to allow the parties to subsequently modify the
Agreement, (see Doc. 32-1 ¶ XI), that language will be stricken. Pursuant to Lynn’s Food Stores,
Inc. v. United States, 679 F.2d 1350, 1355 (11th Cir. 1982), any future modifications to the
Settlement Agreement are unenforceable absent judicial approval.
Therefore, it is ORDERED and ADJUDGED as follows:
1. The Report and Recommendation (Doc. 33) is ADOPTED and CONFIRMED as
set forth herein.
2. To the extent the modification provision (Doc. 32-1 ¶ XI) purports to allow the
Settlement Agreement to be modified without Court approval, it is STRICKEN.

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3. The parties’ Joint Motion for Settlement Approval and Dismissal with Prejudice
(Doc. 32) is GRANTED; the Settlement Agreement, as amended by this Court, is
APPROVED; and this case is DISMISSED with prejudice.
4. The Clerk is directed to close this case.
DONE and ORDERED in Orlando, Florida on January 4, 2018.

Copies furnished to:
Counsel of Record

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