Plazas v. Dr. Phillips Center for the Performing Arts, Inc.

Filing 17

ORDER adopting 16 REPORT AND RECOMMENDATIONS re 14 Joint MOTION for miscellaneous relief, specifically Second Renewed Motion for Approval of Amended FLSA Settlement filed by Dr. Phillips Center for the Performing Arts, Inc. The Clerk is DIRECTED to close the file. Signed by Judge Roy B. Dalton, Jr. on 7/16/2018. (ctp)(JLC)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
CATHLEEN PLAZAS,
Plaintiff,
v.

Case No. 6:18-cv-392-Orl-37TBS

DR. PHILLIPS CENTER FOR THE
PERFORMING ARTS, INC.,
Defendant.
_____________________________________
ORDER
Plaintiff initiated this action against her former employer alleging that it failed to
compensate her for overtime hours worked in violation of the Fair Labor Standards Act
(“FLSA”). (See Doc. 1.) Before the Court now is the parties’ second renewed and amended
motion for approval of the FLSA settlement (Doc. 14 (“Second Amended Motion”) and
second amended FLSA settlement agreement (Doc. 14-1 (“Agreement”)), under Lynn’s
Food Stores, Inc. v. United States ex rel. United States Department of Labor, 679 F.2d 1350, 1355
(11th Cir. 1982). Under the terms of the Agreement, Defendant will pay Plaintiff a total of
$7,250.00—$3,901.00 in settlement of claims (“Payment”) and liquidated damages, and
$3,349.00 to counsel (“Attorney Fees”). (Doc. 14, p. 4; Doc. 14–1, pp. 3–4.) The parties ask
the Court to approve the Agreement and dismiss this action with prejudice. (Doc. 14, p.
5.)
On referral, U.S. Magistrate Judge Thomas B. Smith concludes that both the
Payment and Attorney Fees are fair and reasonable. (Doc. 16 (“Second R&R”).) He also
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finds that the terms of the Agreement do not affect the reasonableness of the settlement.
(Id. at 4–5.) With this, he recommends approving the Second Amended Motion and
dismissing this action with prejudice. (Id. at 5.)
No party objected to the R&R, and the time for doing so has now passed. Absent
objections, the Court has examined the R&R only for clear error. See Wiand v. Wells Fargo
Bank, N.A., No. 8:12-cv-557-T-27EAJ, 2016 WL 355490, at *1 (M.D. Fla. Jan. 28, 2016); see
also Marcort v. Prem, Inc., 208 F. App’x 781, 784 (11th Cir. 2006). Finding none, the Court
concludes that the R&R is due to be adopted in its entirety.
Accordingly, it is ORDERED AND ADJUDGED as follows:
1.

U.S. Magistrate Judge Thomas B. Smith’s Report and Recommendation
(Doc. 16) is ADOPTED, CONFIRMED, and made a part of this Order.

2.

The parties’ Joint Second Renewed Motion for Approval of Amended FLSA
Settlement (Doc. 14) is GRANTED.

3.

The parties’ Second Amended Settlement Agreement (Doc. 14-1.) is
APPROVED.

4.

This action is DISMISSED WITH PREJUDICE.

5.

The Clerk is DIRECTED to close the file.

DONE AND ORDERED in Chambers in Orlando, Florida, on July 16, 2018.

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Copies to:
Counsel of Record

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