Perales v. Ravago Americas, LLC

Filing 26

ORDER granting in part 24 Motion for approval of settlement; adopting Report and Recommendations - re 25 Report and Recommendations. Section six of the Settlement Agreement and Release of FLSA Claims (Doc. 24-1) is SEVERED and DELETED. The parties' agreement is APPROVED in all other respects, and this case is DISMISSED with prejudice. The Clerk is directed to close this case. Signed by Judge Carlos E. Mendoza on 3/30/2016. (DJD)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION ADELAIDA PERALES, Plaintiff, v. Case No: 6:15-cv-134-Orl-41TBS RAVAGO AMERICAS, LLC, Defendant. / ORDER THIS CAUSE is before the Court on the parties’ Joint Motion for Approval of Settlement (Doc. 24). United States Magistrate Judge Thomas B. Smith issued a Report and Recommendation (Doc. 25), which recommends that the parties’ motion be granted, that the parties’ agreement be approved, and that this case be dismissed with prejudice. However, Judge Smith also recommends that, pursuant to the severability clause in the parties’ agreement, this Court should sever and delete section six of the Settlement Agreement as superfluous. (Id. at 4; see also Settlement Agreement, Doc. 24-1, § 6). After an independent de novo review of the record and noting that no objections were timely filed, this Court agrees entirely with the findings of fact and conclusions of law in the Report and Recommendation. Therefore, it is ORDERED and ADJUDGED as follows: 1. The Report and Recommendation (Doc. 25) is ADOPTED and CONFIRMED and made a part of this Order. 2. The Joint Motion for Approval of Settlement (Doc. 24) is GRANTED in part. Page 1 of 2 3. Section six of the Settlement Agreement and Release of FLSA Claims (Doc. 24-1) is SEVERED and DELETED. The parties’ agreement is APPROVED in all other respects, and this case is DISMISSED with prejudice. 4. The Clerk is directed to close this case. DONE and ORDERED in Orlando, Florida on March 29, 2016. Copies furnished to: Counsel of Record Page 2 of 2

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