Hatzey individually and on behalf of all others v. Divurgent, LLC

Filing 43

ORDER ADOPTING REPORT AND RECOMMENDATIONS ; granting 32 MOTION for Settlement Approval ; adopting Report and Recommendations re 42 Report and Recommendations. Copies distributed to all counsel. Signed by District Judge Henry C. Morgan, Jr on 10/30/2018. (clou)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF VIRGINIA

FILED

Norfolk Division

OGT 3 0 2018

ALEXANDER HATZEY,
Individually and on behalf of all others
similarly situated

CLWnis"DisracT^
NORrOLK^W._„

Plaintiff,
V.

Civil Action No.: 2:18cvl91

DIVURGENT, LLC.,
Defendant.
OPINION AND ORDER

This matter comes before the Court on Plaintiffs Unopposed Motion for Settlement
Approval under the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 201. Doc. 32. Pursuant to

the provisions of 28 U.S.C. §§ 636(b)(1)(B) and (C), Rule 72(b) of the Federal Rules of Civil
Procedure, Rule 72 of the Rules of the United States District Court for the Eastern District of

Virginia, and by order of reference dated July 13, 2018, this matter was referred to a United
States Magistrate Judge for a Report and Recommendation. Doc. 28.
The Report and Recommendation of the Magistrate Judge ("R&R"), filed on October 9,

2018, finds that the proposed settlement "is fair and reasonable and in accordance with the
purposes of the FLSA." Doc. 42 at 12. Accordingly, the Magistrate Judge recommends that
Plaintiffs Unopposed Motion for Approval of Settlement Approval, Doc. 32, be GRANTED.
By copy of the R&R, each party was advised of the right to file written objections to the

findings and recommendations made by the Magistrate Judge within fourteen (14) days from the
date the R&R was sent, ^

28 U.S.C. §636(b) and Federal Rule of Civil procedure 72(b),

computed pursuant to Federal Rule of Civil Procedure 6(a). Doc. 42 at 13. The parties were also

J

given an additional three (3) days, pursuant to Rule 6(d) of the Federal Rules of Civil Procedure.

The time for filing written objections has now passed, and neither party has filed objections. As
indicated in the R&R, failure to file timely objections to the findings and recommendations set
forth in the R&R "will result in waiver of right to appeal from a judgment of this Court based on
such findings and recommendations." Id

This Court has reviewed the R&R of the Magistrate Judge and hereby adopts and
approves in full the findings and recommendations set forth therein. Accordingly, it is hereby
ORDERED that Plaintiffs Unopposed Motion for Settlement Approval, Doc. 32, is
GRANTED.

The parties are advised that they may appeal from this Opinion and Final Order by

forwarding a written notice of appeal to the Clerk of the United States District Court, United
States Courthouse, 600 Granby Street, Norfolk, Virginia 23510. Said written notice must be

received by the Clerk within sixty (60) days from the date of this Order.
The Clerk is REQUESTED to send a copy of this Opinion and Order to all counsel of
record.

It is so ORDERED.
/«/

Henry Coke Morgan, Jr.
Senior United States District Judge

HENRY COKE MORGAN, JR.
SENIOR UNITED STATES DISTRICT JUDGE

Norfolk, Virginia
October 30 ,2018