Yost v. Wyndham Vacation Resorts, Inc.

Filing 27

ORDER adopting 25 Report and Recommendation of the Magistrate Judge. The Joint Motion to Approve Settlement 24 is GRANTED. The Settlement (Doc. 24, pp. 8-13) is thereby APPROVED, as it constitutes a fair and reasonable resolution of a bona fide dispute. This action is DISMISSED, with prejudice. The Clerk is directed to terminate any pending motions and deadlines and CLOSE this case. Signed by Judge Charlene Edwards Honeywell on 4/9/2012. (BGS)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
BRIAN YOST,
Plaintiff,
v.

Case No. 6:10-cv-1583-Orl-36GJK

WYNDHAM VACATION RESORTS, INC.,

Defendant.
/
ORDER
This cause comes before the Court upon the Report and Recommendation filed by Magistrate
Judge Gregory J. Kelly on March 26, 2012 (Doc. 25). In the Report and Recommendation, Judge
Kelly recommends that the Court grant the parties' Joint Motion to Approve Settlement, filed on
March 20, 2012 (Doc. 24), and dismiss this case with prejudice. The parties filed a Joint Notice of
No Objection to the Report and Recommendation of Magistrate Judge Baker on April 2, 2012 (Doc.
26). This matter is ripe for review.
After careful consideration of the Report and Recommendation of the Magistrate Judge, in
conjunction with an independent examination of the court file, the Court is of the opinion that the
Magistrate Judge's Report and Recommendation should be adopted, confirmed, and approved in all
respects. The Court is satisfied that the settlement reached between Plaintiff Brian Yost and
Defendant Wyndham Vacation Resorts, Inc. is a "fair and reasonable resolution of a bona fide
dispute" of the claims raised pursuant to the Fair Labor Standards Act. See Lynn's Food Stores, Inc.
v. United States, 679 F.2d 1350, 1354 (11th Cir.1982); 29 U.S.C. § 216.
Accordingly, it is hereby ORDERED and ADJUDGED:
1.

The Report and Recommendation of the Magistrate Judge (Doc. 25) is adopted,

confirmed, and approved in all respects and is made a part of this order for all
purposes, including appellate review.
2.

The Joint Motion to Approve Settlement (Doc. 24) is GRANTED. The Settlement
(Doc. 24, pp. 8-13) is thereby APPROVED, as it constitutes a fair and reasonable
resolution of a bona fide dispute.

3.

This action is DISMISSED, with prejudice.

4.

The Clerk is directed to terminate any pending motions and deadlines and close this
case.

DONE AND ORDERED at Orlando, Florida, on April 9, 2012.

COPIES TO:
COUNSEL OF RECORD
MAGISTRATE JUDGE KELLY

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