Chacon v. JF & MB Home Improvement & Landscaping Inc. et al

Filing 105

ORDER granting in part and denying in part 96 Motion to Review and Approve Settlement and Dismiss Action with Prejudice as to Romanoff FloorCovering Inc. Only; The Settlement Agreement (Doc. 96-1), as amended by this Court, is APPROVED, and t he claims asserted against Defendant Romanoff Floor Covering Inc. are DISMISSED with prejudice. The Motion is DENIED in all other respects. Adopting Report and Recommendations - re 102 Report and Recommendations; Granting 103 motion to dismiss Defendant Raymond G. Villard. The claims asserted against Defendant Raymond G. Villard are DISMISSED without prejudice. The Clerk is directed to close this case. Signed by Judge Carlos E. Mendoza on 6/7/2018. (DJD)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

FAUSTO CHACON,
Plaintiff,
v.

Case No: 6:16-cv-1828-Orl-41GJK

ROMANOFF FLOOR COVERING, INC
and RAYMOND G VILLARD,
Defendants.
/
ORDER
THIS CAUSE is before the Court on Plaintiff’s Motion to Dismiss Defendant Raymond
G. Villard (“Motion to Dismiss,” Doc. 103). In the unopposed Motion to Dismiss, Plaintiff states
that he no longer wishes to pursue his claims against Defendant Raymond G. Villard and seeks
dismissal pursuant to Federal Rule of Civil Procedure 41(a)(2). Consequently, the Court will grant
Plaintiff’s Motion to Dismiss, and the claims asserted against Defendant Raymond G. Villard will
be dismissed without prejudice.
This cause is also before the Court on Plaintiff and Defendant Romanoff Floor Covering,
Inc.’s Motion to Review and Approve Settlement and Dismiss Action with Prejudice as to
Romanoff Floor Covering Inc. Only (“Motion to Approve Settlement,” Doc. 96). United States
Magistrate Judge Gregory J. Kelly submitted a Report and Recommendation (Doc. 102),
recommending that the Court grant in part and deny in part the Motion to Approve Settlement.
Plaintiff and Romanoff Floor Covering, Inc. subsequently filed a joint Notice of Non-Objection
(Doc. 104).

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After a de novo review, the Court agrees with the analysis in the Report and
Recommendation. Additionally, to the extent the Settlement Agreement purports to allow the
parties to subsequently modify the Agreement, (see Doc. 96-1 ¶ 9), that language will be stricken.
Pursuant to Lynn’s Food Stores, Inc. v. United States, 679 F.2d 1350, 1355 (11th Cir. 1982), any
future modifications to the Settlement Agreement are unenforceable absent judicial approval.
It is therefore ORDERED and ADJUDGED as follows:
1. The Report and Recommendation (Doc. 102) is ADOPTED and CONFIRMED
as set forth herein.
2. Pursuant to the severability clause in the Settlement Agreement (Doc. 96-1 ¶ 8), the
general release (id. ¶ 3.b.) and the confidentiality provision (id. ¶ 7) are
STRICKEN from the Agreement. To the extent the modification provision (id. ¶ 9)
purports to allow the Settlement Agreement to be modified without Court approval,
it is also STRICKEN.
3. Plaintiff and Defendant Romanoff Floor Covering Inc.’s Motion to Review and
Approve Settlement and Dismiss Action with Prejudice as to Romanoff Floor
Covering Inc. Only (Doc. 96) is GRANTED in part and DENIED in part. The
Settlement Agreement (Doc. 96-1), as amended by this Court, is APPROVED, and
the claims asserted against Defendant Romanoff Floor Covering Inc. are
DISMISSED with prejudice. The Motion is DENIED in all other respects.
4. Plaintiff’s Motion to Dismiss Defendant Raymond G. Villard (Doc. 103) is
GRANTED. The claims asserted against Defendant Raymond G. Villard are
DISMISSED without prejudice.
5. The Clerk is directed to close this case.

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DONE and ORDERED in Orlando, Florida on June 7, 2018.

Copies furnished to:
Counsel of Record
Unrepresented Parties

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