Opinion
CASE NO. 2:11-CV-245-FtM-36SPC.
June 30, 2011
ORDER
THIS CAUSE came on for consideration upon the Report and Recommendation filed by United States Magistrate Judge Sheri Chappell on June 27, 2011 (Dkt. 22), recommending that the Court grant the Joint Motion for Approval of Settlement Agreement, and Upon Court Approval, For Dismissal of Action with Prejudice (Dkt. 21). On June 28, 2011, the parties filed a Joint Notice of Non Objection to Report and Recommendation (Dkt. 23).
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. The Court is satisfied that the settlement reached between the parties is a "fair and reasonable resolution of a bona fide dispute" of the claims raised pursuant to the Fair Labor Standards Act. See Lynn's Food Stores, Inc. v. United States, 679 F.2d 1350, 1355 (11th Cir. 1982); 29 U.S.C. § 216.
Accordingly, it is hereby, ORDERED and ADJUDGED as follows:
1) The Report and Recommendation of the Magistrate Judge (Dkt. 22) is ADOPTED, CONFIRMED, and APPROVED in all respects and is made a part of this Order for all purposes, including appellate review.
2) The Joint Motion for Approval of Settlement Agreement, and Upon Court Approval, For Dismissal of the Action With Prejudice (Dkt. 21) is GRANTED. The Settlement Agreement, Waiver and Release (Dkt. 21, Ex. A) is APPROVED, as it constitutes a reasonable resolution of this case.
3) This action is DISMISSED with prejudice.
3) The clerk is directed to terminate any pending motions/deadlines, enter judgment accordingly, and CLOSE this case.DONE AND ORDERED at Ft. Myers, Florida.