Summary
finding that a general release "offends the principles of the FLSA."
Summary of this case from Jackson v. Your Location Lubrication LLCOpinion
CASE NO. 6:12-CV-676-Orl-36TBS
11-07-2012
BOBBY SMITH, on his own behalf and others similarly situated, Plaintiff, v. LAGASSEE, INC. and UNITED STATIONERS SUPPLY CO., Defendants.
ORDER
This cause comes before the Court on the Report and Recommendation of Magistrate Judge Thomas B. Smith, filed on October 16, 2012 (Doc. 26). In the Report and Recommendation, the Magistrate Judge recommends that the Court deny the parties' Second Amended Joint Motion to Approve Settlement Agreement and Dismissal with Prejudice (Doc. 25), because the underlying settlement agreement contains a pervasive general release. See Doc. 26. Neither party has objected and the time to do so has expired.
The Court is in agreement with the Magistrate Judge that based on Eleventh Circuit case law, "the release clause in the agreement offends the principles of the FLSA." Id. at 5 (citing Dees v. Hydradry, 706 F. Supp.2d 1227 (M.D. Fla. 2010); Moreno v. Regions Bank, 729 F. Supp.2d 1346 (M.D. Fla. 2010)). As such, the parties' Settlement Agreement and Release (Doc. 25, Ex. A) will not be approved. After careful consideration of the Report and Recommendation of the Magistrate Judge, in conjunction with an independent examination of the court file, the Court is of the opinion that the Magistrate Judge's Report and Recommendation should be adopted, confirmed, and approved in all respects.
Accordingly, it is hereby ORDERED:
1. The Report and Recommendation of the Magistrate Judge (Doc. 26) is adopted, confirmed, and approved in all respects and is made a part of this order for all purposes, including appellate review.
2. The parties' Second Amended Joint Motion to Approve Settlement Agreement and Dismissal with Prejudice (Doc. 25) is DENIED.
3. The parties' Joint Motion to Approve Settlement and Dismiss with Prejudice (Doc. 20) and Amended Joint Motion to Approve Settlement and Dismiss with Prejudice (Doc. 22) are denied as moot.
DONE AND ORDERED at Orlando, Florida on November 7, 2012.
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Charlene Edwards Honeywell
United States District Judge
COPIES TO:
COUNSEL OF RECORD