Perez et al v. Owl, Inc.

Filing 218

It is ORDERED and ADJUDGED that the Report and Recommendation (Doc. 216) is ADOPTED and made a part of this Order. The Plaintiff's Second Assented-To Motion for Settlement Approval (Doc. 212) is GRANTED in part. The procedure, form, and c ontent the "Notice of Collective Action Settlement" (Doc. 212-2 at 2) shall be REVISED so that the description of the split as two-thirds (or 66.7%) for wages and one-third (or 33.3%) for liquidated damages in the Notice. The pa rties shall adhere to the deadlines set forth in the Second Motion for Approval (Doc. 212) and the Settlement Agreement (Doc. 188-1). The Clerk is directed to enter final judgment in favor of Plaintiffs Jose Perez, Alfredo Santos, and Douglas Ric hey, on behalf of themselves and all others similarly situated, on Count I of the Complaint against Owl, Inc. in the amount of $350,000. In the event that the Eleventh Circuit affirms the rulings in this case, the settlement funds will be distri buted as set forth in Plaintiffs' Second Motion For Approval of the Settlement (Doc. 212), the Settlement Agreement (Doc. 188-1), and the Addendum (Doc. 212-1). The Clerk is directed to close this case. Signed by Judge Carlos E. Mendoza on 8/16/2022. (ALL)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

JOSE PEREZ, ALFREDO
SANTOS and DOUGLAS
RICHEY,
Plaintiffs,
v.

Case No. 6:17-cv-1092-CEM-DAB

OWL, INC.,
Defendant.
/
ORDER
THIS CAUSE is before the Court on Plaintiff's Second Assented-To Motion
for Settlement Approval (Doc. 212). The United States Magistrate Judge issued a
Report and Recommendation (Doc. 216), recommending that the Motion be granted
in part.
After review in accordance with 28 U.S.C. § 636(b)(1) and Federal Rule of
Civil Procedure 72, and noting that the parties filed a Joint Notice of No Objection
(Doc. 217), the Magistrate Judge’s recommended disposition is accepted.
Accordingly, it is ORDERED and ADJUDGED as follows:
1. The Report and Recommendation (Doc. 216) is ADOPTED and made
a part of this Order.

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2. The Plaintiff's Second Assented-To Motion for Settlement Approval
(Doc. 212) is GRANTED in part.
3. The procedure, form, and content the “Notice of Collective Action
Settlement” (Doc. 212-2 at 2) shall be REVISED so that the
description of the split as two-thirds (or 66.7%) for wages and onethird (or 33.3%) for liquidated damages in the Notice.
4. The parties shall adhere to the deadlines set forth in the Second Motion
for Approval (Doc. 212) and the Settlement Agreement (Doc. 188-1).
5. The Clerk is directed to enter final judgment in favor of Plaintiffs Jose
Perez, Alfredo Santos, and Douglas Richey, on behalf of themselves
and all others similarly situated, on Count I of the Complaint against
Owl, Inc. in the amount of $350,000.
6. In the event that the Eleventh Circuit affirms the rulings in this case,
the settlement funds will be distributed as set forth in Plaintiffs’ Second
Motion For Approval of the Settlement (Doc. 212), the Settlement
Agreement (Doc. 188-1), and the Addendum (Doc. 212-1).
7. The Clerk is directed to close this case.

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DONE and ORDERED in Orlando, Florida on August 16, 2022.

Copies furnished to:
Counsel of Record

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