Opinion
Case No. 6:10-cv-178-Orl-31DAB.
August 18, 2010
ORDER
This matter comes before the Court on the Joint Motion to Approve Settlement and Dismiss Case (Doc. 39) and the Plaintiffs' unopposed motion to add Sergio Rodriguez ("Rodriguez") as a party plaintiff (Doc. 40). Magistrate Judge Baker has recommended (Doc. 43) that the Court approve the proposed settlement and dismiss this case, except insofar as the parties are seeking to settle the claim of Rodriguez, who was not a party to this case at the time the settlement was consummated. Obviously, the Plaintiffs' unopposed motion is intended to address this latter issue. Based on the Court's review, adding Rodriguez as a party to the case will not alter the terms of the settlement agreement (Doc. 39 at 10-23), which includes him by name and was obviously negotiated with his participation. The addition would also moot the portion of the Report and Recommendation recommending rejection of the settlement to the extent it settled Rodriguez's claims.
In consideration of the foregoing, it is hereby
ORDERED that the Plaintiffs' unopposed motion to add Sergio Rodriguez as a party plaintiff (Doc. 40) is GRANTED. And it is further
ORDERED that the Report and Recommendation of the Magistrate Judge (Doc. 43) is ADOPTED IN PART and REJECTED IN PART, as set forth above. And it is further
ORDERED that the Joint Motion to Approve Settlement and Dismiss Case (Doc. 39) is GRANTED. The settlement is APPROVED, the complaint is DISMISSED WITH PREJUDICE as to all the Plaintiffs (including Rodriguez), and the third party complaint brought by Defendant Hilton Management LLC against CD Quality Service Corporation is DISMISSED WITHOUT PREJUDICE. DONE and ORDERED in Chambers, Orlando, Florida.