Menard v. Malibu Love & Care Healthcare Agency, Inc. et al

Filing 46

ORDER ADOPTING REPORT AND RECOMMENDATIONS Granting 43 Response to Order to Show Cause filed by Gino Ray Parram, Malibu Love & Care Healthcare Agency, Inc. ; DISMISSED with prejudice as to Defendants Malibu Love & Care Healthcare Agency, Inc., and Gino Ray Parram. Signed by Judge Rodney Smith on 3/10/2025. See attached document for full details. (cqs)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 24-61409-CIV-SMITH
PASCALE MENARD,
Plaintiff,
vs.
MALIBU LOVE & CARE HEALTHCARE
AGENCY, INC.,
et al.,
Defendants.
/
ORDER AFFIRMING AND ADOPTING
REPORT OF MAGISTRATE JUDGE
This matter is before the Court upon the Magistrate Judge’s Report and Recommendation
[DE 45], on the Parties’ Motion for Approval of the Parties’ FLSA Settlement Agreement and for
Dismissal with Prejudice (“Motion”) [DE 43]. In the Report and Recommendation, the Magistrate
Judge recommends approving the settlement agreement between Plaintiff and Defendant and
dismissing the case against Defendant with prejudice. The parties submitted to the Court for
approval their Settlement Agreement (“Settlement Agreement”).
The Magistrate Judge found that the Settlement Agreement, which specified the portion of
the settlement amount to be paid to Plaintiff and the amounts designated for attorney’s fees and
costs, to be a fair and reasonable resolution of a bona fide FLSA dispute. The Magistrate Judge
recommends that the Motion be granted. No party has filed Objections to the Magistrate Judge’s
Report and Recommendation. Having reviewed, de novo, the Magistrate Judge’s Report and
Recommendation to District Judge and the record, and given that no party has filed Objections, it
is

ORDERED that:
1) The Report and Recommendation to District Judge [DE 45] is AFFIRMED and
ADOPTED and incorporated by reference into this Court’s Order.
2) The Joint Motion for Approval of the Parties’ FLSA Settlement Agreement and for
Dismissal with Prejudice [DE 43] is GRANTED.
3) The Court shall retain jurisdiction of this matter until December 31, 2026.
4) This case is DISMISSED with prejudice as to Defendants Malibu Love & Care
Healthcare Agency, Inc., and Gino Ray Parram.
DONE and ORDERED in Fort Lauderdale, Florida, this 10th day of March 2025.

cc: Counsel of record