Frederick et al v. Sunbelt Painting Corporation et al

Filing 42

ORDER adopting 41 REPORT AND RECOMMENDATION re 35 Joint MOTION to Approve Settlement and to Dismiss Action with Prejudice filed by Donna Hieatt, Leroy Zallenick, Sunbelt Painting Corporation. The motion is GRANTED IN PART. This case is DISMISSED with prejudice. The Clerk is directed to close the file. Signed by Judge Gregory A. Presnell on 9/13/2010. Copies mailed.(LAM)

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Frederick et al v. Sunbelt Painting Corporation et al Doc. 42 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION DALE E. FREDERICK, SHERRY A. CLARK, BRONSON R. BUTTERSON, CLIFFORD W. DYE, JOHNNY D. GREER, PAM BURNS, BRIAN ZIMMERMAN and JIMMY L. ARON, Plaintiffs, -vsSUNBELT PAINTING CORPORATION, LEROY ZALLENICK and DONNA HIEATT, Defendants. ______________________________________ Case No. 6:09-cv-946-Orl-31KRS ORDER This cause comes before the Court on Joint Motion to Review and Approve FLSA Settlements and Dismiss Action with Prejudice (Doc. No. 35) filed July 20, 2010. On August 27, 2010, the United States Magistrate Judge issued a report (Doc. No. 41) recommending that the motion be granted in part. No objections have been filed. Therefore, it is ORDERED as follows: 1. Order. 2. The Joint Motion to Review and Approve FLSA Settlements and Dismiss Action The Report and Recommendation is CONFIRMED and ADOPTED as part of this with Prejudice is GRANTED IN PART. The settlement is approved as a "fair and reasonable resolution of a bona fide dispute." Dockets.Justia.com 3. In accordance with the Settlement Agreement, Defendants shall pay $14,464.00 to Plaintiffs. Counsel for Plaintiffs are prohibited from withholding any portion of the amount payable to Plaintiffs under the settlement agreement pursuant to a contingent fee agreement or otherwise. 4. Counsel for Plaintiffs shall provide a copy of this order to Plaintiffs and file with the court proof of such service. 5. This case is DISMISSED with prejudice. The Court will not reserve jurisdiction to enforce a settlement agreement. The Clerk is directed to close this file. DONE and ORDERED in Chambers, Orlando, Florida on the 13th day of September, 2010. Copies furnished to: United States Magistrate Judge Counsel of Record Unrepresented Party -2-

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