Stagner v. Broadband Technologies, Inc.

Filing 28

ORDER adopting 27 REPORT AND RECOMMENDATION; granting 24 Joint MOTION to Approve Settlement. The collective action allegations in the Complaint are dismissed.The Clerk is directed to close the file. Signed by Chief Judge Anne C. Conway on 2/4/2009. (CH)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION DARWIN STAGNER, Plaintiff, -vsBROADBAND TECHNOLOGIES, INC., Defendant. ______________________________________ Case No. 6:08-cv-631-Orl-22KRS ORDER This cause is before the Court on the Joint Motion for Approval of Settlement Agreement as Stipulated Final Judgment (Doc. No. 24) filed on January 9, 2009. The United States Magistrate Judge has submitted a report recommending that the Motion be granted. After an independent de novo review of the record in this matter, and noting that no objections were timely filed, the Court agrees entirely with the findings of fact and conclusions of law in the Report and Recommendations. Therefore, it is ORDERED as follows: 1. The Report and Recommendation filed January 20, 2009 (Doc. No. 27) is ADOPTED and CONFIRMED and made a part of this Order. 2. The Joint Motion for Approval of Settlement Agreement as Stipulated Final Judgment (Doc. No. 24) is GRANTED. 3. The collective action allegations in the Complaint are hereby dismissed. 4. The amount received by Plaintiff Stagner is a fair and reasonable resolution of a bona fide dispute over FLSA provisions. 5. This case as to Plaintiff Stagner is hereby dismissed with prejudice. The Court declines to reserve jurisdiction to enforce the settlement agreement. 6. The Clerk is directed to close the file. DONE and ORDERED in Chambers, in Orlando, Florida on February 4, 2009. Copies furnished to: United States Magistrate Judge Counsel of Record -2-

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