Bell v. James C. Hall, Inc. et al

Filing 37

ORDER granting 34 Joint Motion for approval of Settlement; The parties' Fair Labor Standards Act settlement agreement is APPROVED; Adopting Report and Recommendations - re 35 Report and Recommendations. This case is DISMISSED with prejudice. The Clerk is directed to close this case. Signed by Judge Carlos E. Mendoza on 9/21/2016. (DJD)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION JANERIO DWONNE BELL, Plaintiff, v. Case No: 6:16-cv-218-Orl-41TBS JAMES C. HALL, INC. and JAMES C. HALL, Defendants. / ORDER THIS CAUSE is before the Court on the parties’ Joint Motion for Approval of Settlement (Doc. 34). United States Magistrate Judge Thomas B. Smith issued a Report and Recommendation (Doc. 35), which recommends that the parties’ motion be granted and that the settlement agreement be approved. 1 The parties filed a Joint Notice of No Objection to Report and Recommendation (Doc. 36). After an independent de novo review of the record, this Court agrees with the recommendation. Therefore, it is ORDERED and ADJUDGED as follows: 1 Apart from releasing the pending Fair Labor Standards Act (“FLSA”) claims, the parties appear to have separately agreed to a general release, thereby releasing a myriad of non-pending claims. In exchange for this general release, each plaintiff is to receive $857.15—consideration which is separate from that being given in exchange for the settlement of plaintiffs’ FLSA claims. Pursuant to Lynn’s Food Stores, Inc. v. U.S., 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-Orl41GJK, 2015 WL 2402450, at *3 (M.D. Fla. May 20, 2015). Accordingly, this Court does not express an opinion as to the validity of the general release agreement. Page 1 of 2 1. The Report and Recommendation (Doc. 35) is ADOPTED and CONFIRMED and made part of this Order. 2. The Joint Motion for Approval of Settlement (Doc. 34) is GRANTED; the parties’ Fair Labor Standards Act settlement agreement is APPROVED; and this case is DISMISSED with prejudice. 3. The Clerk is directed to close this case. DONE and ORDERED in Orlando, Florida on September 21, 2016. Copies furnished to: Counsel of Record Page 2 of 2

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