Jemley v. UMBWA, Inc.

Filing 51

ORDER granting 49 Joint Motion to Approve Settlement Agreement and to Dismiss with Prejudice, as set forth in this Order; the Settlement Agreement, as amended by this Court, is APPROVED; and this case is DISMISSED with prejudice. The Clerk is directed to close this case. Adopting Report and Recommendations - re 50 Report and Recommendations. Signed by Judge Carlos E. Mendoza on 8/30/2017. (DJD)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

NOAH JEMLEY,
Plaintiff,
v.

Case No: 6:15-cv-801-Orl-41TBS

UMBWA, INC.,
Defendant.
/
ORDER
THIS CAUSE is before the Court on the Joint Motion to Approve Settlement Agreement
and to Dismiss with Prejudice (Doc. 49). United States Magistrate Judge Thomas B. Smith issued
a Report and Recommendation (Doc. 50), recommending that the motion be granted but that a
portion of the Release of FLSA Claims be stricken.
After a de novo review, and noting that no objections were timely filed, the Court agrees
with the analysis in the Report and Recommendation. In addition, this Court notes that to the extent
that the Settlement Agreement purports to allow the parties to subsequently modify the Agreement,
(see Doc. 49-1 ¶ 9), that language will be stricken. Pursuant to Lynn’s Food Stores, Inc. v. United
States, any future modifications to the Settlement Agreement are unenforceable absent judicial
approval. 679 F.2d 1350, 1355 (11th Cir. 1982).
Accordingly, it is ORDERED and ADJUDGED as follows:
1. The Report and Recommendation (Doc. 50) is ADOPTED and CONFIRMED and
made a part of this Order.

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2. The portion of the Release of FLSA Claims that purports to release Defendant’s
parents, subsidiaries and affiliates, officers, shareholders, attorneys, agents, and
insurers, and Groom Grub & Belly Rub (Doc. 49-1 ¶ 5) is STRICKEN.
3. To the extent the modification provision (Doc. 49-1 ¶ 9) purports to allow the
Settlement Agreement to be modified without Court approval, it is also
STRICKEN.
4. The Joint Motion to Approve Settlement Agreement and to Dismiss with Prejudice
(Doc. 49) is GRANTED as set forth in this Order; the Settlement Agreement, as
amended by this Court, is APPROVED; and this case is DISMISSED with
prejudice.
5. The Clerk is directed to close this case.
DONE and ORDERED in Orlando, Florida on August 30, 2017.

Copies furnished to:
Counsel of Record

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