Almonte et al v. Pest Pro Services Inc. et al

Filing 84

ORDER ADOPTING REPORT AND RECOMMENDATION: Pursuant to the attached Order, the Court finds the parties' settlement of the Fair Labor Standards Act (FLSA) claims as fair and reasonable. See Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199, 206 (2d Cir. 2015). As such, it is hereby ORDERED that the parties' Settlement Agreement [82-1] is approved and the case is dismissed with prejudice. The Settlement Agreement will be So Ordered by the Court and separately docketed. Ordered by Judge Roslynn R. Mauskopf on 3/1/2016. (Mauskopf, Roslynn)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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CARLOS ALMONTE, et al.,
Plaintiffs,
ORDER ADOPTING
REPORT AND RECOMMENDATION
13-CV-6034 (RRM) (SMG)

- against PEST PRO SERVICES, INC., et al.,
Defendants.
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ROSLYNN R. MAUSKOPF, United States District Judge.

By letter filed February 5, 2016, plaintiffs requested that the Court approve the parties’
settlement of Fair Labor Standards Act (“FLSA”) claims as fair and reasonable. (Doc. No. 82); see
Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199, 206 (2d Cir. 2015) (“[S]tipulated dismissals
settling FLSA claims with prejudice require the approval of the district court.”) On February 9,
2016, Magistrate Judge Steven M. Gold issued a Report and Recommendation (the “R&R”)
recommending that the parties’ Settlement Agreement, (Doc. No. 82-1), be approved and the case
be dismissed with prejudice. (Doc. No. 83.) Judge Gold reminded the parties that, pursuant to Rule
72(b), any objection to the R&R must be filed by February 26, 2016. No party has filed any
objections to date.
Pursuant to 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72, the Court has
reviewed the R&R for clear error and, finding none, concurs with the R&R in its entirety. See
Covey v. Simonton, 481 F. Supp. 2d 224, 226 (E.D.N.Y. 2007). Accordingly, it is hereby
ORDERED that the parties’ Settlement Agreement is approved and the case is dismissed with
prejudice.

SO ORDERED.

Dated: Brooklyn, New York
March 1, 2016

Roslynn R. Mauskopf
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ROSLYNN R. MAUSKOPF
United States District Judge