Gutierrez v. Universal Tax, LLC et al

Filing 39

ORDER adopting and affirming 35 REPORT AND RECOMMENDATION re 34 Joint MOTION to Approve Settlement filed by Edward Muniz. The re 34 Joint MOTION to Approve Settlement filed by Edward Muniz is granted in part. The Court declines to approve the confidentiality provisions of the settlement agreement and declines to reserve jurisdiction to enforce the settlement agreement. With those exceptions, the settlement is approved as fair and reasonable resolution of a bona fide dispute of the FLSA issues. Signed by Senior Judge Patricia C. Fawsett on 10/14/2012. (LMD)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
NINOSHKA GUTIERREZ and
EDWARD MUNIZ,
Plaintiffs,
vs.

CASE NO. 6:12-CV-554-ORL-19KRS

UNIVERSAL TAX, LLC., and
JAKELINE LUMUCSO,
Defendants.

ORDER
This case was considered by the Court on the Report and Recommendation of the
United States Magistrate Judge (Doc. No. 35, filed January 11, 2012) and Joint Notice of
Non-Objection to the Report and Recommendation (Doc. No. 36, filed October 10, 2012).
Upon consideration, it is
ORDERED that the Report and Recommendation (Doc. No. 35) is ADOPTED and
AFFIRMED. The Joint Motion for Approval of Edward Muniz’s Settlement Agreement
(Doc. No. 34, filed September 4, 2012) is GRANTED IN PART. The Court DECLINES
to approve the confidentiality provisions of the settlement agreement and declines to reserve
jurisdiction to enforce the settlement agreement. With those exceptions, the settlement is
APPROVED as a fair and reasonable resolution of a bona fide dispute of the FLSA issues.
Counsel for Plaintiff Edward Muniz is PROHIBITED from withholding any portion
of the $2,500.00 payable to Plaintiff Muniz under the settlement agreement pursuant to a
contingent fee agreement or otherwise. Counsel for Plaintiff Muniz is further ORDERED
to provide a copy of this Order to Plaintiff Muniz.

DONE AND ORDERED at Orlando, Florida, this
2012.

Copies to:
Counsel of Record

14th

day of October,