Opinion
Case No: 2:17-cv-516-FtM-38CM
01-16-2018
JOSE ALVARDO, on behalf of himself and others similarly situated, Plaintiff, v. J. MIKE GUITARD PAINTING, INC., Defendant.
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This matter comes before the Court on United States Magistrate Judge Carol Mirando's Report and Recommendation. (Doc. 27). Judge Mirando recommends granting the parties' Renewed Joint Motion to Approve Settlement (Doc. 26) and approving the Settlement Agreements and Releases (Doc. 26-1, Doc. 26-2) as a fair and reasonable resolution of a bona fide dispute under the Fair Labor Standards Act. Because the parties do not object to the Report and Recommendation and have waived the exception period (Doc. 28), this matter is ripe for review.
A district judge "may accept, reject, or modify in whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C. § 636(b)(1). The district judge "shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made." Id. And "[t]he judge may also receive further evidence or recommit the matter to the magistrate judge with instructions." Id.
After examining the file carefully and independently, and upon considering Judge Mirando's findings and recommendations, the Court accepts and adopts the Report and Recommendation.
Accordingly, it is now
ORDERED:
(1) The Joint Motion to Waive Exception Period (Doc. 28) is GRANTED.
(2) The Report and Recommendation (Doc. 27) is ACCEPTED and ADOPTED and the findings incorporated herein.
(3) The Joint Motion to Approve Settlement (Doc. 26) is GRANTED and the Settlement Agreements and Releases (Doc. 26-1, Doc. 26-2) are APPROVED as a fair and reasonable resolution of the bona fide FLSA dispute. This action is DISMISSED with prejudice.
(4) The Clerk is DIRECTED to enter judgment accordingly, terminate any pending deadlines and motions, and close the file.
DONE and ORDERED in Fort Myers, Florida this 16th day of January, 2018.
/s/ _________
SHERI POLSTER CHAPPELL
UNITED STATES DISTRICT JUDGE Copies: All Parties of Record