Kinzer et al v. Nexus Enterprises, Inc. et al

Filing 49

ORDER adopting 47 REPORT AND RECOMMENDATION; granting in part 46 Joint MOTION to Approve Settlement; dismissing case with prejudice. Signed by Judge John Antoon II on 7/10/2012. (BRS)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
LEE KINZER, TONY CHIRICO,
Plaintiffs,
-vs-

Case No. 6:11-cv-465-Orl-28KRS

NEXUS ENTERPRISES, INC., THIJS
STELLING,
Defendants.
______________________________________

ORDER
This case is before the Court on the Joint Motion for Approval of Settlement and
Dismissal of Action with Prejudice (Doc. No. 46) filed June 20, 2012. The United States
Magistrate Judge has submitted a report recommending that the motion be granted in part.
After an independent de novo review of the record in this matter, and consideration
of the Joint Notice of Non-Objection to the Report and Recommendation (Doc. No. 48), the
Court agrees entirely with the findings of fact and conclusions of law in the Report and
Recommendation. Therefore, it is ORDERED as follows:
1.

That the Report and Recommendation filed July 5, 2012 (Doc. No. 47) is

ADOPTED and CONFIRMED and made a part of this Order.
2.

The Court finds that the settlement is a fair and reasonable resolution of a bona

fide dispute over Fair Labor Standard Act provisions.

3.

The Joint Motion for Approval of Settlement and Dismissal of Action with

Prejudice (Doc. No. 46) is GRANTED in part. The Court declines to reserve jurisdiction to
enforce the settlement.
4.

Counsel for Plaintiffs is prohibited from withholding any of the amounts payable

to Plaintiffs under the settlement under a contingent fee agreement or otherwise.
5.

Counsel for Plaintiffs shall provide a copy of this Order to Plaintiffs.

6.

This case is dismissed with prejudice.

7.

The Clerk of the Court is directed to close this file.

DONE and ORDERED in Chambers, Orlando, Florida this 10th day of July, 2012.

Copies furnished to:
United States Magistrate Judge
Counsel of Record

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