Johnson v. Kauffman Tire, Inc.

Filing 25

ORDER denying as moot 20 Motion for Approval of Unpaid Wages Settlement and Dismissal of Action with Prejudice. Terminating 21 Report and Recommendations; Granting 22 Motion for Approval of Amended Unpaid Wages Settlement Agreement and Dismissal of Action with Prejudice. The Amended Settlement Agreement, as amended by this Court, is APPROVED; and this case is DISMISSED with prejudice. Adopting Report and Recommendations - re 23 Report and Recommendations. The Clerk is further directed to close this case. Signed by Judge Carlos E. Mendoza on 9/22/2017. (DJD)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

BILLY JOE JOHNSON,
Plaintiff,
v.

Case No: 6:17-cv-414-Orl-41TBS

KAUFFMAN TIRE, INC.,
Defendant.
/
ORDER
THIS CAUSE is before the Court on the parties’ Joint Motion for Approval of Amended
Unpaid Wages Settlement Agreement and Dismissal of Action with Prejudice (“Motion,” Doc.
22). United States Magistrate Judge Thomas B. Smith issued an Amended Report and
Recommendation (Doc. 23), in which he recommends that the Motion be granted. The parties
subsequently filed a Joint Notice of Non-Objection (Doc. 24).
After a de novo review of the record, this Court agrees entirely with the analysis set forth
in the Amended Report and Recommendation. Additionally, this Court notes that to the extent the
Amended Settlement Agreement purports to allow the parties to subsequently modify the
Agreement, (see Am. Settlement Agreement, Doc. 22-1, ¶ 11), 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.
Therefore, it is ORDERED and ADJUDGED as follows:
1. The Amended Report and Recommendation (Doc. 23) is ADOPTED and
CONFIRMED as set forth herein.

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2. To the extent the amendments provision (Doc. 22-1, ¶ 11) purports to allow the
Amended Settlement Agreement to be modified without Court approval, it is
STRICKEN.
3. The parties’ Joint Motion for Approval of Amended Unpaid Wages Settlement
Agreement and Dismissal of Action with Prejudice (Doc. 22) is GRANTED; the
Amended Settlement Agreement, as amended by this Court, is APPROVED; and
this case is DISMISSED with prejudice.
4. The Joint Motion for Approval of Unpaid Wages Settlement and Dismissal of
Action with Prejudice (Doc. 20) is DENIED as moot. The Clerk is directed to
terminate the Motion and the corresponding Report and Recommendation (Doc.
21).
5. The Clerk is further directed to close this case.
DONE and ORDERED in Orlando, Florida on September 22, 2017.

Copies furnished to:
Counsel of Record

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