Mariani-Rios v. Melao Bakery LLC.
Filing
23
ORDER granting in part 20 Joint Motion for Approval of Settlement; Adopting Report and Recommendations -re 21 Report and Recommendations. Paragraphs 9 and 11 of the Settlement Agreement (Doc. 20 at 17-18) are STRICKEN. In all other respects, the parties' agreement is APPROVED, and this case is DISMISSED with prejudice. The Clerk is directed to close this case. Signed by Judge Carlos E. Mendoza on 6/19/2017. (DJD)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
DERRICK MARIANI-RIOS,
Plaintiff,
v.
Case No: 6:16-cv-2101-Orl-41GJK
MELAO BAKERY LLC.,
Defendant.
/
ORDER
THIS CAUSE is before the Court on the parties’ Joint Motion for Approval of Settlement
(Doc. 20). United States Magistrate Judge Gregory J. Kelly issued a Report and Recommendation
(Doc. 21), in which he recommends that the parties’ motion be granted in part. The parties filed a
Joint Notice of No Objection (Doc. 22).
“[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
agreement. After a de novo review of the record in this matter, the Court agrees entirely with the
analysis in the Report and Recommendation.
Therefore, it is ORDERED and ADJUDGED as follows:
1. The Report and Recommendation (Doc. 21) is ADOPTED and CONFIRMED and
made a part of this Order.
2. The Joint Motion for Approval of Settlement (Doc. 20) is GRANTED in part.
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3. Paragraphs 9 and 11 of the Settlement Agreement (Doc. 20 at 17–18) are
STRICKEN. In all other respects, the parties’ agreement 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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