Rosado et al v. Superior Aircraft Services, Inc.

Filing 32

ORDER adopting 30 REPORT AND RECOMMENDATION; granting in part 27 Joint MOTION for Settlement Approval of Settlement and For Dismissal with Prejudice; dismissing case with prejudice. Signed by Judge John Antoon II on 6/12/2014. (BRS)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
HARRY ROSADO & DUANE MAAS, on
behalf of themselves and others
similarly situated,
Plaintiffs,
-vs-

Case No. 6:13-cv-1727-Orl-28KRS

SUPERIOR AIRCRAFT SERVICES, INC.,
Defendant.
________________________________________

ORDER
This case is before the Court on the parties’ Joint Motion for Approval of Settlement
Agreement and For Dismissal with Prejudice (Doc. No. 27) filed April 24, 2014. 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. 31), 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 June 9, 2014 (Doc. No. 30) is

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

The Court finds that the settlement agreements between Plaintiffs and Superior

Aircraft are fair and reasonable resolutions of bona fide disputes over Fair Labor Standard
Act provisions.

3.

The Joint Motion for Approval of Settlement Agreement and For Dismissal with

Prejudice (Doc. No. 27) is GRANTED in part. The Settlement Agreements are approved.
4.

The parties’ request for the Court to retain jurisdiction is DENIED.

5.

Counsel for Plaintiffs is prohibited from withholding any portion of the

$15,000.00 payable to Plaintiff Rosado, $13,000.00 payable to Plaintiff Maas, $8,500.00
payable to Plaintiff Bautista, and $4,000.00 payable to Plaintiff Vazquez under their
respective settlement agreements pursuant to a contingent fee agreement or otherwise.
6.

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

7.

This case is dismissed with prejudice and the Clerk of the Court is directed to

close this file.
DONE and ORDERED in Chambers, Orlando, Florida this 12th day of June, 2014.

Copies furnished to:
United States Magistrate Judge
Counsel of Record

-2-