Luciano Martinez v. Ambi Paving LLC et al

Filing 29

ORDER adopting 26 REPORT AND RECOMMENDATIONS re 1 Complaint filed by Carlos Javier Luciano Martinez. Signed by Judge Roy B. Dalton, Jr. on 10/15/2018. (ctp)(JLC)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
CARLOS JAVIER LUCIANO
MARTINEZ,
Plaintiff,
v.

Case No. 6:18-cv-737-Orl-37GJK

AMBI PAVING LLC; and SEROJINIE
DEOCHAND,
Defendants.
_____________________________________
ORDER
Plaintiff initiated this action against his former employer alleging that it failed to
compensate him for overtime hours worked in violation of the Fair Labor Standards Act
(“FLSA”). (See Doc. 1.) The parties then moved for approval of their FLSA settlement
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). (See Docs. 23 (“Motion”), 23-1 (“Agreement”).)
On referral, U.S. Magistrate Judge Gregory J. Kelly concludes that the terms of the
Agreement are fair and reasonable. (Doc. 26 (“R&R”).) As such, he recommends
approving the Agreement and dismissing this action with prejudice. (Id. at 6.)
The parties then filed a joint notice of no objection to the R&R. (Doc. 28.) 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 Macort v. Prem, Inc., 208 F. App’x 781, 784 (11th Cir. 2006). Finding none, the Court
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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 Gregory J. Kelly’s Amended Report and
Recommendation (Doc. 26) is ADOPTED, CONFIRMED, and made a part
of this Order.

2.

The Joint Motion and Stipulation for Approval of Settlement and Dismissal
with Prejudice and Supporting Memorandum of Law (Doc. 23) is
GRANTED.

3.

The Agreement (Doc. 23-1) 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 October 15, 2018.

Copies to:
Counsel of Record

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