Rosado v. UP Development Company, LLC et al

Filing 49

ORDER granting 45 Motion for Settlement; adopting 46 Report and Recommendations. Signed by Judge Roy B. Dalton, Jr. on 9/18/2017. (VMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
JORGE ROSADO,
Plaintiff,
v.

Case No. 6:16-cv-1345-Orl37TBS

UP DEVELOPMENT COMPANY, LLC;
UP FIELDGATE US INVESTMENTSFASHION SQUARE, LLC; and FSM
MAINTENANCE, LLC,
Defendants.
_____________________________________
ORDER
Plaintiff initiated this action against Defendants alleging that they failed to pay
him overtime wages in violation of the Fair Labor Standards Act (“FLSA”). (Doc. 1.)
Thereafter, the parties jointly moved for approval of their settlement agreement pursuant
to Lynn’s Food Stores, Inc. v. United States ex rel. United States Department of Labor,
679 F.2d 1350 (11th Cir. 1982). (Doc. 45 (“Motion”); see also Doc. 45-1 (“Agreement”).)
On referral, U.S. Magistrate Judge Thomas B. Smith recommends that the Court
either: (1) grant the Motion and approve the Agreement provided that the parties agree
to certain modifications of the Agreement (“Modifications”); or (2) deny the Motion and
reject the Agreement if the parties “stand on [their] current version.” (Doc. 46 (“R&R”).)
In his R&R, Magistrate Judge Smith sets forth the following Modifications:
(1) revise the release provision to state, “Plaintiff hereby releases and discharges
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Defendants of and from any and all liability for the wage claims made in this litigation”;
and (2) remove the two provisions that contain “a unilateral prohibition against speech
related to a wide variety of ‘[R]eleased [P]arties.” 1 (Doc. 46, pp. 6–8 (referring to the
Agreement’s Provisions 3, 5, and 15).)
Apart from the Modifications, Magistrate Judge Smith finds that the Agreement is
fair and reasonable because: (1) the $3,000 (“Settlement Amount”) to be paid is the full
amount of Plaintiff’s FLSA claim and includes an equal amount of liquidated damages;
and (2) the parties have represented that the award of attorney fees and costs was
negotiated independently of the Settlement Amount. (Id. at 3–4.)
On August 31, 2017, the Parties filed a joint notice of acceptance of the
Modifications. (Doc. 47.) Hence, in the absence of objections, the Court has reviewed the
R&R only for clear error. See Wiand v. Wells Fargo Bank, N.A., No. 8:12-cv-557-T-27EAJ,
2016 WL 355490, at *1 (M.D. Fla. Jan. 28, 2016); see also Marcort v. Prem, Inc.,
208 F. App’x 781, 784 (11th Cir. 2006). Finding no clear error, the R&R is due to be
adopted in its entirety.
Accordingly, it is ORDERED AND ADJUDGED as follows:
1.

U.S. Magistrate Judge Thomas B. Smith’s Report and Recommendation
(Doc. 46) is ADOPTED, CONFIRMED, and made a part of this Order.

2.

The parties’ Joint Motion to Approve Settlement Agreement and for
Dismissal With Prejudice (Doc. 45) is GRANTED.

Unless defined otherwise, all capitalized terms in this Order have the same
meaning as defined in the Agreement. (See Doc. 45-1.)
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3.

The parties’ FLSA Settlement Agreement (Doc. 45-1), as modified by the
R&R and agreed to by the parties, is APPROVED.

4.

This case is DISMISSED WITH PREJUDICE.

5.

The Clerk is DIRECTED to close the file.

DONE AND ORDERED in Chambers in Orlando, Florida, on September 18, 2017.

Copies to:
Counsel of Record

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