Caamal v. Shelter Mortgage Company, L.L.C.

Filing 31

ORDER adopting 29 Report and Recommendation of the Magistrate Judge. The Second Joint Motion for Review and Approval of Amended and Restated Settlement Agreement 27 is GRANTED. The Amended and Restated Settlement and Full and Final Release of All Claims (Doc. 27-Ex. D) is APPROVED, as it constitutes a fair and reasonable resolution of a bona fide dispute. Plaintiff's counsel is hereby PROHIBITED from withholding any amounts payable to Plaintiff under the settlement agreement pursua nt to a contingent fee agreement or otherwise. Plaintiff's counsel shall provide a copy of this Order to Plaintiff. This action is hereby DISMISSED without prejudice and subject to the right of the parties, within sixty (60) days of the date o f this Order, to submit a stipulated form of final order or judgment should they so choose or for any party to move to reopen this action, upon good cause shown. After that 60-day period, however, dismissal shall be with prejudice. Any pending motions are denied as moot and the Clerk is directed to terminate all deadlines and administratively close the file. Signed by Judge Charlene Edwards Honeywell on 9/26/2013. (BGS)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
GERMAN CAAMAL,
Plaintiff,
v.

Case No: 6:13-cv-706-Orl-36KRS

SHELTER MORTGAGE COMPANY, L.L.C.,
Defendant.

ORDER
This cause comes before the Court on the Report and Recommendation of Magistrate
Judge Karla R. Spaulding, filed on September 5, 2013 (Doc. 29).

In the Report and

Recommendation, the Magistrate Judge recommends that the Court grant the parties’ Second
Joint Motion for Review and Approval of Amended and Restated Settlement Agreement (Doc.
27). See Doc. 29. Neither party has objected to the Report and Recommendation and the time to
do so has expired.
The Court agrees that the parties’ settlement is a “fair and reasonable resolution of a bona
fide dispute” of the claims raised pursuant to the Fair Labor Standards Act, 29 U.S.C. § 201 et
seq. See Lynn’s Food Stores, Inc. v. United States, 679 F.2d 1350, 1354–55 (11th Cir. 1982).
Plaintiff is receiving all the compensation arguably due him under the Fair Labor Standards Act.
Therefore, 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.

Accordingly, it is hereby ORDERED and ADJUDGED:
1.

The Report and Recommendation of the Magistrate Judge (Doc. 29) is adopted,
confirmed, and approved in all respects and is made a part of this Order for all
purposes, including appellate review.

2.

The Second Joint Motion for Review and Approval of Amended and Restated
Settlement Agreement (Doc. 27) is GRANTED. The Amended and Restated
Settlement and Full and Final Release of All Claims (Doc. 27-Ex. D) is
APPROVED, as it constitutes a fair and reasonable resolution of a bona fide
dispute.

3.

Plaintiff’s counsel is hereby PROHIBITED from withholding any amounts
payable to Plaintiff under the settlement agreement pursuant to a contingent fee
agreement or otherwise.

4.

Plaintiff’s counsel shall provide a copy of this Order to Plaintiff.

5.

This action is hereby DISMISSED without prejudice and subject to the right of
the parties, within sixty (60) days of the date of this Order, to submit a stipulated
form of final order or judgment should they so choose or for any party to move to
reopen the action, upon good cause shown. After that 60-day period, however,
dismissal shall be with prejudice. Any pending motions are denied as moot and
the Clerk is directed to terminate all deadlines and administratively close the file.

DONE and ORDERED in Orlando, Florida on September 26, 2013.

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Copies furnished to:
Counsel of Record
Unrepresented Parties
United States Magistrate Judge Karla R. Spaulding

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