Villanueva v. Next Level Commercial Cleaning, Corp.

Filing 31

ORDER adopting 29 Report and Recommendation of the Magistrate Judge. (1) The Report and Recommendation of the Magistrate Judge is adopted, confirmed, and approved in all respects and is made a part of this Order for all purposes, including ap pellate review. (2) The parties' Joint Motion for Approval of Parties' Settlement Agreement and Stipulated Dismissal With Prejudice 24 is DENIED as moot. (3) The parties' Amended Joint Motion to Approve FLSA Settlement and to Dis miss with Prejudice 28 is GRANTED. The Settlement Agreement (Doc. 28 - Ex. A, B) is APPROVED, as it constitutes a fair and reasonable resolution of a bona fide dispute. (4) This action is DISMISSED, with prejudice. (5) The Clerk is directed to terminate all pending motions and close this file. Signed by Judge Charlene Edwards Honeywell on 5/9/2017. (BGS)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
RICKY VILLANUEVA,
Plaintiff,
v.

Case No: 8:16-cv-949-T-36TBM

NEXT LEVEL COMMERCIAL
CLEANING CORP.,
Defendant.
___________________________________/
ORDER
This cause comes before the Court upon the Report and Recommendation filed by
Magistrate Judge Thomas B. McCoun III on May 5, 2017 (Doc. 29).

In the Report and

Recommendation, Magistrate Judge McCoun recommends that the Court deny as moot the parties'
Joint Motion for Approval of Parties’ Settlement Agreement and Stipulated Dismissal With
Prejudice (Doc. 24) and grant the Amended Joint Motion to Approve FLSA Settlement and to
Dismiss With Prejudice (Doc. 28).

All parties were furnished copies of the Report and

Recommendation and were afforded the opportunity to file objections pursuant to 28 U.S.C. §
636(b)(1). The parties filed a Joint Notice of No Objection (Doc. 30).
Upon consideration of the Report and Recommendation, and upon this Court's independent
examination of the file, it is determined that the Report and Recommendation should be adopted.
Accordingly, it is now

ORDERED AND ADJUDGED:
(1)

The Report and Recommendation of the Magistrate Judge (Doc.29) is adopted,
confirmed, and approved in all respects and is made a part of this Order for all
purposes, including appellate review.

(2)

The parties’ Joint Motion for Approval of Parties’ Settlement Agreement and
Stipulated Dismissal With Prejudice (Doc. 24) is DENIED as moot.

(3)

The parties’ Amended Joint Motion to Approve FLSA Settlement and to Dismiss
with Prejudice (Doc. 28) is GRANTED. The Settlement Agreement (Doc. 28 - Ex.
A, B) is APPROVED, as it constitutes a fair and reasonable resolution of a bona
fide dispute.

(4)

This action is DISMISSED, with prejudice.

(5)

The Clerk is directed to terminate all pending motions and close this file.

DONE AND ORDERED in Tampa, Florida on May 9, 2017.

Copies to:
The Honorable Thomas B. McCoun III
Counsel of Record

2