Niles v. Denny's Inc.

Filing 53

ORDER adopting 52 REPORT AND RECOMMENDATIONS re 51 Joint MOTION to Approve Mediated Settlement Agreement and Dismiss Case with Prejudice filed by Denny's Inc. The Joint Motion to Approve Mediated Settlement Agreement and Dismi ss Case with Prejudice (Doc. 51) is GRANTED, and the Settlement Agreement is approved, as modified, as a fair and reasonable compromise of a bona fine FLSA dispute. This matter is DISMISSED with Prejudice. The Clerk is DIRECTED to close the file. Signed by Judge Paul G. Byron on 4/10/2017. (MMW)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION RICARDO NILES, Plaintiff, v. Case No: 6:16-cv-999-Orl-40TBS DENNY’S INC., Defendant. / ORDER This cause is before the Court on the Joint Motion to Approve Mediated Settlement Agreement and Dismiss Case with Prejudice (Doc. 51) filed on March 20, 2017. The United States Magistrate Judge has submitted a report recommending that the motion be granted. After an independent de novo review of the record in this matter, and noting that no objections were timely filed, the Court agrees entirely with the findings of fact and conclusions of law in the Report and Recommendation. Therefore, it is ORDERED as follows: 1. The Report and Recommendation filed March 22, 2017 (Doc. 52), is ADOPTED and CONFIRMED and made a part of this Order. 2. The Agreement is MODIFIED by limiting the Waiver and Release of Claims to include only the named Defendant, as set forth in the Report and Recommendation. 3. The Joint Motion to Approve Mediated Settlement Agreement and Dismiss Case with Prejudice (Doc. 51) is GRANTED, and the Settlement Agreement is approved, as modified, as a fair and reasonable compromise of a bona fine FLSA dispute. 4. This matter is DISMISSED with Prejudice. 5. The Clerk is DIRECTED to close the file. DONE AND ORDERED in Orlando, Florida on April 10, 2017. Copies furnished to: Counsel of Record Unrepresented Parties 2

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