Colon v. Orlando Orthopaedic Center Foundation, Inc.

Filing 28

ORDER adopting 26 Report and Recommendation of the Magistrate Judge. The Joint Motion for Approval of Settlement and Entry of an Order of Dismissal 25 is GRANTED. The Settlement (Doc. 25, Ex. 1) 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 6/24/2013. (BGS)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
DIANA COLON,
Plaintiff,
v.

Case No: 6:12-cv-1907-Orl-36GJK

ORLANDO ORTHOPAEDIC CENTER, M.D.,
P.A.,,
Defendant.
/
ORDER
This cause comes before the Court upon the Report and Recommendation filed by
Magistrate Judge Gregory J. Kelly on June 19, 2013 (Doc. 26).

In the Report and

Recommendation, Judge Kelly recommends that the Court grant the parties’ Joint Motion for
Approval of Settlement and Entry of an Order of Dismissal (Doc. 25), and dismiss this case with
prejudice. Doc. 26, p. 6. On June 20, 2013, the parties filed a Joint Notice of No Objection to
the Report and Recommendation (Doc. 27).
The Court agrees with the Magistrate Judge that settlement in the amount of $3,609.00 to
Plaintiffs for overtime wages and liquidated damages and $5000.00 for attorneys’ fees and costs
is reasonable under the circumstances of this case. Doc. 26, pp. 4-5.1 The Court is satisfied that
the settlement reached is a "fair and reasonable resolution of a bona fide dispute" of the claims
raised pursuant to the Fair Labor Standards Act (“FLSA”). Lynn's Food Stores, Inc. v. United
States, 679 F.2d 1350, 1354 (11th Cir. 1982); 29 U.S.C. § 216.
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Therefore, after careful

Indeed, because Plaintiff is actually receiving $1,804.50 in unpaid overtime wages and an equal
amount of liquidated damages under the parties’ agreement (Doc. 25-Ex, 1, p. 2), she is receiving
slightly more than full compensation for her claims.

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.
Accordingly, it is hereby ORDERED and ADJUDGED:
1.

The Report and Recommendation of the Magistrate Judge (Doc. 26) 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 Settlement and Entry of an Order of Dismissal
(Doc. 25) is GRANTED. The Settlement (Doc. 25-Ex. 1) constitutes a fair and
reasonable resolution of a bona fide dispute.

3.

This action is DISMISSED, with prejudice. The Clerk is directed to terminate
any pending motions and deadlines and close this case.

DONE and ORDERED in Orlando, Florida on June 24, 2013.

Copies furnished to:
Counsel of Record
Unrepresented Parties
U.S. Magistrate Judge Gregory J. Kelly

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