Akino v. Milliken's Reef, Inc.

Filing 43

ORDER granting 40 Joint Motion for Approval of FLSA Settlement Agreement and this case is DISMISSED with prejudice. The Clerk is directed to close this case. Adopting Report and Recommendations - re 41 Report and Recommendations. Signed by Judge Carlos E. Mendoza on 5/1/2017. (DJD)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

GARY AKINO,
Plaintiff,
v.

Case No: 6:16-cv-183-Orl-41DCI

MILLIKEN’S REEF, INC.,
Defendant.
/
ORDER
THIS CAUSE is before the Court on the Renewed Joint Motion for Approval of FLSA
Settlement Agreement (Doc. 40). United States Magistrate Judge Daniel C. Irick issued a Report
and Recommendation (“R&R,” Doc. 41), in which he recommends that the motion be granted.
Subsequently, the parties filed a Joint Notice of Non-Objection (Doc. 42) to the R&R.
After a de novo review of the record and noting that the parties filed a Joint Notice of NonObjection (Doc. 42), this Court agrees with the analysis in the Report and Recommendation. But
the Court must clarify its position regarding the general release included in the settlement
agreement. Here, there is consideration for the general release that is separate from that being given
in exchange for the settlement of Plaintiff’s FLSA claims. Pursuant to Lynn’s Food Stores, Inc. v.
United States, this Court must determine whether a proposed settlement “is a fair and reasonable
resolution of a bona fide dispute over FLSA provisions.” 679 F.2d 1350, 1355 (11th Cir. 1982)
(emphasis added). Moreover, “the release of non-FLSA claims is generally not subject to judicial
scrutiny.” Shearer v. Estep Const., Inc., No. 6:14-cv-1658-Orl-41GJK, 2015 WL 2402450, at *4
(M.D. Fla. May 20, 2015). Accordingly, this Court does not express an opinion as to the validity
of the separate general release agreement.

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Therefore, it is ORDERED and ADJUDGED as follows:
1. The Report and Recommendation (Doc. 41) is ADOPTED and CONFIRMED as
set forth herein.
2. The following language is STRICKEN from the Settlement Agreement: “NonDisparagement. No Party shall make or publish or instigate the making or
publication of any statement (in verbal, written or electronic or other form)
disparaging of the other Parties, their products, services, affairs or operations or
their past or present directors, officers, employees, shareholders, owners or agents
whether or not such disparagement constitutes libel or slander.”
3. The Renewed Joint Motion for Approval of FLSA Settlement Agreement (Doc. 40)
is GRANTED and this case is DISMISSED with prejudice.
4. The Clerk is directed to close this case.
DONE and ORDERED in Orlando, Florida on May 1, 2017.

Copies furnished to:
Counsel of Record

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