King v. Gold Coast USA, Inc. et al
ORDER granting in part and denying in part 25 Motion for Settlement and 25 motion to dismiss; Adopting Report and Recommendations - re 26 Report and Recommendations. This case is DISMISSED with prejudice. The Clerk is directed to close this case. Signed by Judge Carlos E. Mendoza on 4/16/2018. (DJD)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
Case No: 6:17-cv-1511-Orl-41GJK
GOLD COAST USA, INC., GERALD
HIERBERT and RAY WARREN,
THIS CAUSE is before the Court on the Joint Motion to Approve Settlement and Dismiss
the Action with Prejudice (“Joint Motion,” Doc. 25). United States Magistrate Judge Gregory J.
Kelly issued a Report and Recommendation (“R&R,” Doc. 26), in which he recommends that the
Joint Motion be granted in part and denied in part.
After an independent de novo review of the record, and noting that the parties filed a Joint
Notice of No Objection (Doc. 27), the Court agrees with the analysis in the R&R. Additionally, to
the extent paragraph eight of the Settlement Agreement purports to allow the parties to amend the
Agreement without Court approval, it is impermissible and will be stricken. (Settlement
Agreement, Doc. 25-1, ¶ 8; see also id. ¶ 9 (severability provision)). Accordingly, it is ORDERED
and ADJUDGED as follows:
1. The Report and Recommendation (Doc. 26) is ADOPTED and CONFIRMED and
made a part of this Order.
2. The Joint Motion to Approve Settlement and Dismiss the Action with Prejudice
(Doc. 25) is GRANTED in part and DENIED in part.
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3. Insofar as the Joint Motion seeks for this Court to retain jurisdiction to enforce the
Settlement Agreement, it is DENIED.
4. To the extent paragraph eight of the Settlement Agreement (Doc. 25-1) purports to
allow the parties to amend the Agreement without Court approval, it is
5. Except as set forth above, the Settlement Agreement (Doc. 25-1) is APPROVED.
6. This case is DISMISSED with prejudice.
7. The Clerk is directed to close this case.
DONE and ORDERED in Orlando, Florida on April 16, 2018.
Copies furnished to:
Counsel of Record
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