Langellier v. Brevard Extraditions Inc
ORDER adopting 91 REPORT AND RECOMMENDATIONS re 88 Second MOTION for Settlement Agreement Approval filed by Kevin Langellier. The Final Pretrial Conference set for April 12, 2021, is CANCELED. This case is DISMISSED WITH PREJUDICE. The Clerk is DIRECTED to close the file. Signed by Judge Roy B. Dalton, Jr. on 4/1/2021. (BIA)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
Case No. 6:19-cv-1316-RBD-EJK
BREVARD EXTRADITIONS, INC,
In this Fair Labor Standards Act case, the parties previously moved the
Court for approval of their settlement agreement. (Doc. 78.) That agreement was
denied without prejudice for, among other things, an overly broad release
provision. (Doc. 84, pp. 4–6.)
The parties then revised their agreement and renewed their motion. (Doc. 88
(“Motion”).) On referral, U.S. Magistrate Judge Embry J. Kidd entered a Report
and Recommendation (“R&R”) recommending that the Court grant the Motion
and approve the settlement agreement. (Doc. 91.) The parties filed a joint notice of
non-objection to the R&R. (Doc. 92.)
Because there are no objections, the Court examines the R&R for clear error
only. See Macort v. Prem, Inc., 208 F. App’x 781, 784 (11th Cir. 2006). The Court has
examined the agreement and found the release provision not overly broad and the
agreement sufficiently fair and reasonable. (See Doc. 88-1, ¶ 4.) Finding no clear
error, the R&R is due to be adopted in its entirety.
Accordingly, it is ORDERED AND ADJUDGED:
The R&R (Doc. 91) is ADOPTED, CONFIRMED, and made a part of
this Order in its entirety.
The Second Joint Motion for Approval of FLSA Settlement Agreement
(Doc. 88) is GRANTED.
The Settlement Agreement (Doc. 88-1) is APPROVED.
The Final Pretrial Conference set for April 12, 2021, is CANCELED.
This case is DISMISSED WITH PREJUDICE.
The Clerk is DIRECTED to close the file.
DONE AND ORDERED in Chambers in Orlando, Florida, on April 1, 2021.
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