Baker v. Park Place Surgery Center, L.L.C. et al

Filing 79

ORDER adopting 75 REPORT AND RECOMMENDATIONS re 74 Joint MOTION for miscellaneous relief, specifically approve FLSA settlement agreement filed by Kara Baker. The Court FINDS that the parties' settlement agreement (Doc. 74-1 12), as modified, is a fair and reasonable resolution of a bona fide dispute under the FLSA. The case is DISMISSED with prejudice. Signed by Judge Paul G. Byron on 12/17/2018. (MMW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

KARA BAKER,
Plaintiff,
v.

Case No: 6:17-cv-1456-Orl-40KRS

PARK PLACE SURGERY CENTER,
L.L.C., SURGERY PARTNERS, LLC,
SGRY SP MANAGEMENT SERVICES,
INC., LAKE MARY SURGERY
CENTER, L.L.C. and NOVAMED
SURGERY CENTER OF ORLANDO,
LLC,
Defendants.
/
ORDER
This cause is before the Court on the Joint Motion to Approve the Parties'
Settlement (Doc. 74) filed on December 11, 2018. 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
the parties filed notices of no objection (Docs. 77 and 78), 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 December 12, 2018 (Doc. 75), is

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

The Joint Motion to Approve the Parties' Settlement (Doc. 74) is GRANTED

3.

Paragraph 12 of the parties’ settlement agreement (Doc. 74-1 ¶ 12) is

SEVERED.
4.

The Court FINDS that the parties’ settlement agreement (Doc. 74-1 ¶ 12),

as modified above, is a fair and reasonable resolution of a bona fide dispute under the
FLSA.
5.

The case is DISMISSED with prejudice.

6.

Plaintiff’s counsel is PROHIBITED from withholding any portion of the

$22,000.00 she is to receive under the settlement agreement pursuant to a contingency
agreement or otherwise.
7.

The Clerk is DIRECTED to close the file.

DONE AND ORDERED in Orlando, Florida on December 17, 2018.

Copies furnished to:
Counsel of Record
Unrepresented Parties

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