Kulpak v. BCD Travel USA, LLC

Filing 27

ORDER adopting 25 Report and Recommendation of the Magistrate Judge. The 23 Joint Motion for Approval of Amended Settlement and Dismissal with Prejudice is GRANTED. The Settlement Agreement (Doc. 23, Ex. 1) is APPROVED, as it constitutes a fai r and reasonable resolution of a bona fide dispute. However, the Court declines to reserve jurisdiction to enforce the settlement agreement. This action is DISMISSED, witih prejudice. Plaintiff's counsel shall provide a copy of the Report and Recommendation and this Order to Plaintiff. The Clerk is directed to terminate any pending motions and deadlines and CLOSE this case. Signed by Judge Charlene Edwards Honeywell on 3/21/2012. (BGS)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

BONNIE J. KULPAK,
Plaintiff,
v.

CASE NO. 6:11-CV-1324-Orl-36KRS

BCD TRAVEL USA, LLC.,
Defendant.
/

ORDER
This cause comes before the Court upon the Report and Recommendation filed by Magistrate
Judge Karla J. Spaulding, on March 20, 2012 (Doc. 25). In the Report and Recommendation, Judge
Spaulding recommends that the Court grant the Joint Motion for Approval of Amended Settlement
and Dismissal with Prejudice, filed on March 6, 2012 (Doc. 23). On March 20, 2012, the parties
filed a Joint Notice of Non-Objection to the Magistrate’s Report and Recommendation (Doc. 26).
As such, 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 the parties 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, 1355 (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 for Approval of Amended Settlement and Dismissal with
Prejudice (Doc. 23) is GRANTED. The Settlement Agreement (Doc. 23, Ex. 1) is
APPROVED, as it constitutes a fair and reasonable resolution of a bona fide dispute.
However, the Court declines to reserve jurisdiction to enforce the settlement
agreement.

3.

This action is DISMISSED, with prejudice.

4.

Plaintiff’s counsel shall provide a copy of the Report and Recommendation and this
Order to Plaintiff.

5.

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

DONE AND ORDERED at Orlando, Florida on March 21, 2012.

COPIES TO:
COUNSEL OF RECORD

-2-