Boyland v. Fahrenheit Plumbing, LLC

Filing 21

ORDER adopting 18 REPORT AND RECOMMENDATIONS re 17 Joint MOTION for Settlement Approval filed by Ayesha Boyland. The Joint Motion for Approval of FLSA Settlement (Doc. 17) is GRANTED IN PART. This case is DISMISSED with prejudice. The Clerk is DIRECTED to close the file. Signed by Judge Paul G. Byron on 9/15/2017. (MMW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

AYESHA BOYLAND,
Plaintiff,
v.

Case No: 6:17-cv-1152-Orl-40KRS

FAHRENHEIT PLUMBING, LLC,
Defendant.
/
ORDER
This cause is before the Court on the parties’ Joint Motion for Approval of FLSA
Settlement (Doc. 17) filed on August 24, 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 a
Notice of Non-Objection to Report and Recommendations [DE 18] to Joint Motion for
Approval of FLSA Settlement [DE17], (Doc. 20) was 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 September 7, 2017 (Doc. 18), is

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

The Joint Motion for Approval of FLSA Settlement (Doc. 17) is GRANTED

IN PART.
3.

The settlement agreement language in paragraph 12 of the agreement

permitting the parties to amend, modify, alter or change the settlement agreement “by a

written agreement which is both signed by all parties and which makes specific reference
to this Agreement” is SEVERED. (Doc. 17-1, at 6 ¶ 12).
4.

The Court FINDS that the settlement agreement, as amended above, is a

fair and reasonable resolution of a bona fide dispute under the FLSA.
5.

Counsel for Defendant SHALL deliver to Plaintiff and her attorneys by

Friday, September 22, 2017 the settlement sums to hold in trust.
6.

This case is DISMISSED with prejudice.

7.

The Court DECLINES to reserve jurisdiction to enforce the settlement

agreement.
8.

The Clerk is DIRECTED to close the file.

DONE AND ORDERED in Orlando, Florida on September 15, 2017.

Copies furnished to:
Counsel of Record
Unrepresented Parties

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