Rosado v. Melao Bakery LLC

Filing 26

ORDER granting in part 24 Renewed Joint Motion for Approval of Settlement Agreement and Dismissal with Prejudice. The Settlement Agreement, as amended by this Court, is APPROVED; and this case is DISMISSED with prejudice. The Clerk is directed to close this case. Adopting Report and Recommendations - re 25 Report and Recommendations. Signed by Judge Carlos E. Mendoza on 6/19/2017. (DJD)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

MICHAEL ROSADO,
Plaintiff,
v.

Case No: 6:16-cv-1060-Orl-41KRS

MELAO BAKERY LLC,
Defendant.
/
ORDER
THIS CAUSE is before the Court on the parties’ Renewed Joint Motion for Approval of
Settlement Agreement and Dismissal with Prejudice (Doc. 24). United States Magistrate Judge
Karla R. Spaulding issued a Report and Recommendation (“R&R,” Doc. 25). In the R&R, Judge
Spaulding indicated that the parties’ Settlement Agreement contains a broad general release, for
which Plaintiffs will receive separate consideration. (See Settlement Agreement, Doc. 24, at p. 11
¶ 3). Acknowledging that judges in this district have different opinions about whether broad
general release clauses supported by separate consideration pass muster under Lynn’s Food Stores,
Inc. v. United States, 679 F.2d 1350 (11th Cir. 1982), Judge Spaulding recommended that this
Court either deny or approve the motion, depending on this Court’s opinion on the matter. (Doc.
25 at 4–6, 8). Additionally, Judge Spaulding recommends that the confidentiality, waiver of future
eligibility for employment with Defendant, and modification provisions be severed pursuant to the
severability provision. (Id. at 6–8).
“[T]he 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 *3 (M.D. Fla. May 20,
2015). Therefore, this Court does not express an opinion as to the validity of the general release

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agreement. After a de novo review of the record in this matter and noting that no objections were
timely filed, this Court otherwise agrees with the analysis in the R&R.
Therefore, it is ORDERED and ADJUDGED as follows:
1. To the extent that it is consistent with this Order, the Report and Recommendation
(Doc. 25) is ADOPTED and CONFIRMED and made a part of this Order.
2. The waiver of future eligibility for employment provision, (Doc. 24 at p. 16 ¶ 5f),
confidentiality provision, (id. at p. 17 ¶ 9), and modification provision, (id. at p. 19
¶ 15), are STRICKEN from the Settlement Agreement.
3. The parties’ Renewed Joint Motion for Approval of Settlement Agreement and
Dismissal with Prejudice (Doc. 24) is GRANTED in part; the Settlement
Agreement, as amended by this Court, is APPROVED; and this case is
DISMISSED with prejudice.
4. The Clerk is directed to close this case.
DONE and ORDERED in Orlando, Florida on June 19, 2017.

Copies furnished to:
Counsel of Record

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