Aldecoa v. Grewal Enterprises, Inc.

Filing 27

ORDER adopting in part 25 REPORT AND RECOMMENDATIONS re 24 Joint MOTION for Settlement Approval (Renewed) filed by Mayra Aldecoa. Please see Order for details. Signed by Judge Paul G. Byron on 12/6/2016. (MMW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

MAYRA ALDECOA,
Plaintiff,
v.

Case No: 6:16-cv-404-Orl-40KRS

GREWAL ENTERPRISES, INC.,
Defendant.
/
ORDER
This cause is before the Court on the Renewed Joint Motion for Approval of the
Settlement and Dismissal of Claims with Prejudice (Doc. 24) filed on October 3, 2016.
The United States Magistrate Judge has submitted a report recommending that the
motion be denied.

However, the United States Magistrate Judge alternatively

recommended that if the Court determines that the amount to be paid to Aldecoa’s
attorneys is reasonable, that the Court determine whether any of the provisions of the
Settlement Agreement render the settlement unfair under Lynn’s Food for the reasons
stated in the Report and Recommendation. (Doc. 25).
After an independent de novo review of the record in this matter, and noting that a
Notice of Non-Objection 1 (Doc. 26) was filed, the Court agrees partially with the findings
of fact and conclusions of law in the Report and Recommendation.

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The Notice of Non-Objection states Plaintiff has no objection to the Report and
Recommendation regarding the Renewed Joint Motion for Approval of Settlement
Agreement filed on October 3, 2016 (Doc. 24) which suggests the Court strike the
portion of the Settlement Agreement which allows the parties to modify the Agreement
in writing and adopting the remainder of the Agreement as Fair and Reasonable.

Therefore, it is ORDERED as follows:
1.

The Report and Recommendation filed October 26, 2016 (Doc. 25), is

ADOPTED and CONFIRMED in part and made a part of this Order.
2.

The language allowing subsequent written modification of the Settlement

Agreement from paragraph 16 of the agreement is STRICKEN.
3.

The Court FINDS the settlement agreement of the FLSA claim, as modified,

is a fair and reasonable resolution of a bona fide dispute over FLSA provisions, Lynn’s
Food Stores, 679 F.2d at 1354.
4.

The Renewed Joint Motion for Approval of the Settlement and Dismissal of

Claims with Prejudice (Doc. 24) is GRANTED in part. The Court declines to reserve
jurisdiction to enforce the Settlement Agreement.
5.

Counsel for Aldecoa is PROHIBITED from withholding any of the amounts

payable to Aldecoa under the Settlement Agreement.
6.

The case is DISMISSED with prejudice.

7.

The Clerk is DIRECTED to close the file.

DONE AND ORDERED in Orlando, Florida on December 6, 2016.

Copies furnished to:
Counsel of Record
Unrepresented Parties

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