Wise v. Bravo Foods LLC

Filing 30

ORDER granting 28 Motion for approval of Settlement; Adopting Report and Recommendations - re 29 Report and Recommendations. The Complaint (Doc. 1) is DISMISSED with prejudice. The Clerk is directed to close this case. Signed by Judge Carlos E. Mendoza on 8/4/2016. (DJD)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

CORY WISE,
Plaintiff,
v.

Case No: 6:15-cv-1199-Orl-41DAB

BRAVO FOODS LLC,
Defendant.
/
ORDER
THIS CAUSE is before the Court on the parties’ Fourth Amended Joint Motion for
Approval of Settlement (Doc. 28), which seeks judicial approval of the parties’ FLSA settlement
agreement. See Lynn’s Food Stores, Inc. v. United States, 679 F.2d 1350, 1353–55 (11th Cir.
1982). United States Magistrate Judge David A. Baker submitted a Report and Recommendation
(the “R&R,” Doc. 29), which recommends that this Court grant the motion and approve the parties’
settlement agreement.
After an independent de novo review of the record and noting that no objections were
timely filed, the Court agrees with the R&R, as modified in two respects. First, to the extent the
settlement agreement purports to release “any and all claims which could have been raised, even
if they are not known to or recognized by Mr. Wise at this time,” (Settlement Agreement, Ex. 1 to
Fourth Am. Mot., Doc. 28, at 1), it will not be approved. Second, the parties’ request that the Court
retain jurisdiction to enforce the settlement agreement will not be granted; the parties offer neither
argument nor authority for doing so. See Fed. R. Civ. P. 7(b); M.D. Fla. R. 3.01(a).
Accordingly, it is ORDERED and ADJUDGED as follows:

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1. The Report and Recommendation (Doc. 29) is ADOPTED and CONFIRMED, as
modified by this Order.
2. The parties’ Fourth Amended Joint Motion for Approval of Settlement (Doc. 28) is
GRANTED to the extent set forth above.
3. The Complaint (Doc. 1) is DISMISSED with prejudice.
4. The Clerk is directed to close this case.
DONE and ORDERED in Orlando, Florida on August 4, 2016.

Copies furnished to:
Counsel of Record

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