Thompson v. Fitzgerald's of Pasco, Inc.

Filing 22

ORDER adopting 21 Report and Recommendation of the Magistrate Judge. (1) The Report and Recommendation of the Magistrate Judge is adopted, confirmed, and approved in all respects, except as noted herein, and is made a part of this Order for a ll purposes, including appellate review. (2) The parties' Joint Motion to Approve Settlement Agreement and Dismiss Case with Prejudice 17 is GRANTED, in part. The Wage and Hour Settlement and Non-Disparagement Agreement (Doc. 17 - Ex. 1) is approved as it constitutes a fair and reasonable resolution of this case. (3) Defendant Fitzgerald's of Pasco is directed to disburse the settlement amounts and attorneys' fees and costs to Plaintiff within fourteen (14) days. (4) The Court declines to retain jurisdiction over this matter. (5) This case is dismissed with prejudice. The Clerk is directed to close this case. Signed by Judge Charlene Edwards Honeywell on 12/28/2016. (BGS)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
DAVID THOMPSON,
Plaintiff,
v.

Case No: 8:16-cv-2274-T-36TBM

FITZGERALD’S OF PASCO, INC.,
Defendant.
___________________________________/
ORDER
This cause comes before the Court upon the Report and Recommendation filed by
Magistrate Judge Thomas B. McCoun III on December 8, 2016 (Doc. 21). In the Report and
Recommendation, Magistrate Judge McCoun recommends that the Court grant the parties' Joint
Motion to Approve Settlement Agreement and Dismiss Case with Prejudice (Doc. 17). 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). No such objections were filed.
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. 21) is adopted,
confirmed, and approved in all respects, except as noted herein, and is made a part
of this Order for all purposes, including appellate review.

(2)

The parties’ Joint Motion to Approve Settlement Agreement and Dismiss Case with
Prejudice (Doc. 17) is GRANTED, in part. The Wage and Hour Settlement and

Non-Disparagement Agreement (Doc. 17 - Ex. 1) is approved as it constitutes a fair
and reasonable resolution of this case.
(3)

Defendant Fitzgerald’s of Pasco is directed to disburse the settlement amounts and
attorneys’ fees and costs to Plaintiff within fourteen (14) days.

(4)

The Court declines to retain jurisdiction over this matter.

(5)

This case is dismissed with prejudice. The Clerk is directed to close this case.

DONE AND ORDERED in Tampa, Florida on December 28, 2016.

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

2