Soto v. Dimitri Construction Services Corp. et al

Filing 41

ORDER granting 40 Motion for Approval of Settlement Agreement; granting 40 Motion to Dismiss Case with Prejudice. The Court retains jurisdiction until March 15, 2017 to enforce the terms of the Settlement Agreement. Case Closed. Signed by Magis trate Judge John J. O'Sullivan on 2/7/2017. (mkr) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69.

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 16-23564-CIV-O’SULLIVAN [CONSENT CASE] ) ) ) ) ) Plaintiffs, ) vs. ) ) DIMITRI CONSTRUCTION SERVICES ) CORP., and RICARDO A DIMITRI, ) ) Defendants. ) _____________________________________ ) JOSE FRANCISCO MARADIAGA SOTO, and all others similarly situated under 29 U.S.C. 216(b), ORDER APPROVING JOINT MOTION FOR APPROVAL OF PARTIES’ SETTLEMENTAGREEMENT AND STIPULATED DISMISSAL WITH PREJUDICE Having reviewed the Settlement Agreement between the Parties, Plaintiff, JOSE FRANCISCO MARADIAGA SOTO (“Plaintiff”), and Defendants, DIMITRI CONSTRUCTION SERVICES CORP., and RICARDO A DIMITRI,(collectively, “Defendants”), (collectively, the “Plaintiff” and “Defendants” referred to as the “Parties”), it appears to the Court that due cause exists to approve settlement and dismiss the case with prejudice regarding Plaintiff’s claims against Defendants. Accordingly, it is ORDERED AND ADJUDGED that the parties’ Joint Motion for Approval of Parties’ Settlement Agreement and Stipulated Dismissal with Prejudice (DE# 40, 2/6/17) is GRANTED. It is further ORDERED AND ADJUDGED that the Settlement Agreement is hereby APPROVED in its entirety by the Court under Lynn’s Food Stores, Inc. v. United States, 679 F.2d 1350 (11th Cir. 1982). This case is DISMISSED WITH PREJUDICE with the Court to retain jurisdiction until March 15, 2017 to enforce the terms of the Settlement Agreement. All pending motions in this case are DENIED as moot and this case is CLOSED. DONE AND ORDERED in chambers, at Miami, Florida, this 7th day of February, 2017. JOHN J. O’SULLIVAN UNITED STATES MAGISTRATE JUDGE cc: All Counsel of Record 2

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