Allen et al v. Hartford Fire Insurance Company

Filing 385

ORDER adopting 382 REPORT AND RECOMMENDATIONS re 377 Joint MOTION to approve parties' settlement agreement filed by Jeanne Bachmann, Jessica Perez, Alicia Duquette, Jessica Leighton, Marissa Shimko, Carol Somer. Signed by Judge Roy B. Dalton, Jr. on 3/29/2019. (ctp)(JLC)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
JEANNE BACHMANN; PATRICIA
DEARTH; ALICIA DUQUETTE;
JESSICA PEREZ; JAMIE RIVERA;
LAYFON ROSU; MARISSA SHIMKO;
and CAROL SOMERS,
Plaintiffs,
v.

Case No. 6:16-cv-1603-Orl-37LRH

HARTFORD FIRE INSURANCE
COMPANY,
Defendant.
_____________________________________
ORDER
In this Fair Labor Standards Act (“FLSA”) collective action, the parties have jointly
moved for approval of their settlement agreement under Lynn’s Food Stores, Inc. v. United
States ex rel. United States Department of Labor, 679 F.2d 1350, 1355 (11th Cir. 1982). (Doc.
377 (“Motion”); Doc. 377-1 (“Agreement”).) On referral, U.S. Magistrate Judge Leslie R.
Hoffman recommends: (1) granting the Motion; (2) finding the Agreement a fair and
reasonable resolution of a bona fide dispute under the FLSA; (3) dismissing the case
without prejudice subject to the right of any party within ninety days to move for
dismissal with prejudice or, on good cause, to reopen the case; and (4) retaining
jurisdiction to enforce the Agreement until the parties file a joint notice of dismissal with
prejudice. (Doc. 382 (“R&R”).)

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The parties represent that they do not object to the R&R. (Doc. 384.) As such, the
Court has examined 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 Macort v.
Prem, Inc., 208 F. App’x 781, 784 (11th Cir. 2006). Finding no such error, the Court
concludes that the R&R is due to be adopted in its entirety.
Accordingly, it is ORDERED AND ADJUDGED as follows:
1.

U.S. Magistrate Judge Leslie R. Hoffman’s Report and Recommendation
(Doc. 382) is ADOPTED, CONFIRMED, and made a part of this Order.

2.

The parties’ Joint Motion for Approval of Settlement (Doc. 377) is
GRANTED.

3.

The Settlement Agreement and Release (Doc. 377-1) is APPROVED.

4.

This action is DISMISSED WITHOUT PREJUDICE, subject to the right of
any party, within ninety (90) days, to move the Court for entry of an order
dismissing the case with prejudice or, on good cause shown, to reopen the
case for further proceedings.

5.

The Court RETAINS jurisdiction to enforce the terms of the Agreement
until the parties file a joint notice of dismissal with prejudice.

DONE AND ORDERED in Chambers in Orlando, Florida, on March 29, 2019.

Copies to:
Counsel of Record
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