Landrua v. Worldgate Vacations LLC et al

Filing 28

ORDER granting 24 Motion for Settlement; adopting 25 Report and Recommendations. Signed by Judge Roy B. Dalton, Jr. on 5/11/2017. (VMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
MARIA LANDRUA,
Plaintiff,
v.

Case No. 6:16-cv-1866-Orl-37DCI

WORLDGATE VACATIONS LLC; and
AD 1 VACATION TEAM, LLC,
Defendants.
_____________________________________
ORDER
Plaintiff initiated the instant action against Defendants for, inter alia, allegedly
violating the Fair Labor Standards Act (“FLSA”). (See Doc. 1; see also Doc. 16.) On
April 21, 2017, Plaintiff filed a Notice of Settlement purporting to notify the Court that
the parties had settled this action. (Doc. 22 (“Notice”).) Thereafter, the parties jointly
moved the court for approval of their proposed settlement in accordance with Lynn’s Food
Stores, Inc. v. U.S. ex rel. U.S. Dep’t of Labor, 679 F.2d 1350, 1355 (11th Cir. 1982). (Doc. 24
(“Motion”); see also Doc. 24-1 (“Agreement”).) Upon referral, U.S. Magistrate Judge
Daniel C. Irick recommends that the Court grant the Motion and approve the Agreement.
(Doc. 25 (“R&R”).) On May 9, 2017, the parties filed a joint notice of no objection to the
R&R. (Doc. 27.)
In his R&R, Magistrate Judge Irck concludes that under the settlement: (1) the
amount Plaintiff will receive as unpaid overtime compensation is fair and reasonable and
free of fraud and collusion (“Settlement Amount”); (2) the settlement terms do not affect
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the reasonableness of the Agreement, as the release is limited to only FLSA claims and
does not contain other potentially problematic contractual provisions, such as a
confidentiality provision or a non-disparagement clause; and (3) the amount Plaintiff’s
counsel will receive as attorney fees and costs (“Fee”) is fair and reasonable, given the
parties’ representation that the Fee was negotiated separately from the Settlement
Amount. (Doc. 25, pp. 3–5.)
In the absence of objections, the Court has examined the R&R 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 none, 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 Daniel C. Irick’s Report and Recommendation
(Doc. 25) is ADOPTED, CONFIRMED, and made a part of this Order.

2.

The parties Joint Motion to Approve FLSA Settlement and to Dismiss with
Prejudice (Doc. 24) is GRANTED.

3.

The parties’ FLSA Settlement Agreement (Doc. 24-1) is APPROVED.

4.

This action is DISMISSED WITH PREJUDICE.

5.

The Clerk is DIRECTED to close the file.

DONE AND ORDERED in Chambers in Orlando, Florida, on May 11, 2017.

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Copies to:
Counsel of Record

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