Head v. V & L Services III, Inc.

Filing 66

ORDER adopting 65 REPORT AND RECOMMENDATION; Granting in Part and Denying in Part 61 Joint MOTION to Approve Settlement filed by James Van Hart, V & L Services III, Inc. Plaintiffs counsel is directed to provide a copy of this Order to each Plaintiff. This case is DISMISSED WITH PREJUDICE. The Clerk is directed to CLOSE the file. Signed by Chief Judge Anne C. Conway on 10/25/2009. (CH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
WELLINGTON HEAD, on his own behalf and other similarly situated, Plaintiff, -vsV&L SERVICES III, INC., JAMES VAN HART, ALONZO LINGO, Defendants. ________________________________________ Case No. 6:08-cv-917-Orl-22KRS

ORDER
This cause is before the Court on the Joint Motion for Approval of Settlement and Motion for Dismissal With Prejudice (Doc. No. 61) filed on September 16, 2009. The United States Magistrate Judge has submitted a report recommending that the Motion be granted in part and denied in part. 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 October 2, 2009 (Doc. No. 65) is

ADOPTED and CONFIRMED and made a part of this Order. 2. The Joint Motion for Approval of Settlement and Motion for Dismissal With

Prejudice (Doc. No. 61) is granted in part and denied in part.

3.

The Court finds that the settlements as to Wellington Head, Michael Henderson,

Elijah Bouie, Edward Britt, Zaira Betancourt, Philip Fowler, and Ricky Cross are fair and reasonable resolutions of bona fide disputes regarding the Fair Labor Standards Act, and approves same. 4. The Court declines to make a determination as to the reasonableness of the

settlement as to James Brown, who is not a party in this case. 5. 6. The Court declines to reserve jurisdiction to enforce the settlement agreements. Plaintiffs' counsel is prohibited from withholding any portion of the amount

payable to Plaintiffs under the settlement agreements or taking steps to collect any amount from Plaintiffs for payment of attorney's fees and costs under a retainer agreement or otherwise. 7. 8. 9. Plaintiffs' counsel is directed to provide a copy of this Order to each Plaintiff. This case is DISMISSED WITH PREJUDICE. The Clerk is directed to CLOSE the file.

DONE and ORDERED in Chambers, in Orlando, Florida on October 25, 2009. Copies furnished to: Counsel of Record

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