Topol v. HCL America, Inc. et al

Filing 70

ORDER adopting #69 REPORT AND RECOMMENDATIONS re #68 Joint MOTION for miscellaneous relief, specifically approval of Settlement Agreement (Renewed) filed by HCL America, Inc. The Renewed Joint Motion by Plaintiff and Defendants for Approval of Settlement Agreement and Dismissal of Plaintiff's Action (Doc. 68) is GRANTED IN PART. The Court FINDS that the parties' Settlement Agreement (Doc. 68-1) is a fair and reasonable resolution of a bona fide dispute under the FLSA. The Court DECLINES to reserve jurisdiction to enforce the settlement agreement. The Complaint is DISMISSED with prejudice. The Court DECLINES to exercise supplemental jurisdiction over the Third-Party Complaint and DISMISSES that pleading. The Clerk is DIRECTED to close the file. Signed by Judge Paul G. Byron on 9/14/2017. (MMW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

JEFFREY TOPOL,
Plaintiff,
v.

Case No: 6:17-cv-91-Orl-40KRS

HCL AMERICA, INC., WALT DISNEY
PARKS AND RESORTS U.S., INC.,
DONALD J. ROSS, ARTECH
INFORMATION SYSTEMS, LLC and IT
STAFFING, INC.,
Defendants/Third
Party Plaintiff,
ARTECH INFORMATION SYSTEMS,
LLC and IT STAFFING, INC.,
Third Party
Defendants.
/
ORDER
This cause is before the Court on the parties’ Renewed Joint Motion by Plaintiff
and Defendants for Approval of Settlement Agreement and Dismissal of Plaintiff's Action
(Doc. 68) filed on August 22, 2017. The United States Magistrate Judge has submitted a
report recommending that the motion be granted in part.
After an independent de novo review of the record in this matter, and noting that
no objections were timely filed, the Court agrees entirely with the findings of fact and
conclusions of law in the Report and Recommendation.
Therefore, it is ORDERED as follows:

1.

The Report and Recommendation filed August 29, 2017 (Doc. 69), is

ADOPTED and CONFIRMED and made a part of this Order.
2.

The Renewed Joint Motion by Plaintiff and Defendants for Approval of

Settlement Agreement and Dismissal of Plaintiff's Action (Doc. 68) is GRANTED IN
PART.
3.

The Court FINDS that the parties’ Settlement Agreement (Doc. 68-1) is a

fair and reasonable resolution of a bona fide dispute under the FLSA.
4.

The Court DECLINES to reserve jurisdiction to enforce the settlement

agreement.
5.

The Complaint is DISMISSED with prejudice.

6.

The Court DECLINES to exercise supplemental jurisdiction over the Third-

Party Complaint and DISMISSES that pleading.
7.

The Clerk is DIRECTED to close the file.

DONE AND ORDERED in Orlando, Florida on September 14, 2017.

Copies furnished to:
Counsel of Record
Unrepresented Parties

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