Opinion
Case No: 2:18-cv-8-FtM-38MRM
11-19-2018
WILNORD GERMAIN, and other similarly situated non-exempt employees, Plaintiff, v. COLLIER FOOD & BEVERAGE, INC. and JOSEPH DINUNZIO, Defendant.
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Before the Court is United States Magistrate Judge Mac R. McCoy's Report and Recommendation. (Doc. 34). Judge McCoy recommends granting the Renewed and Amended Joint Motion to Approve Amended Settlement Agreement (Doc. 33) and approving the Amended Settlement Agreement (Doc. 33-1) as a "fair and reasonable resolution of a bona fide dispute" of the parties' wage and hour dispute. (Doc. 34). No party objects to the Report and Recommendation, and the time to do so has expired. The Report and Recommendation is thus 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 independently, and upon considering Judge McCoy's findings and recommendations, the Court accepts and adopts the Report and Recommendation.
Accordingly, it is now
ORDERED:
(1) United States Magistrate Judge Mac R. McCoy's Report and Recommendation (Doc. 34) is ACCEPTED and ADOPTED and the findings incorporated herein.
a. The Renewed and Amended Joint Motion to Approve Amended Settlement Agreement (Doc. 33) is GRANTED.
b. The Amended Settlement Agreement (Doc. 33-1) is APPROVED as a "fair and reasonable resolution of a bona fide dispute" of the parties' wage and hour dispute.
(2) The above-captioned case is action is DISMISSED with prejudice.
(3) 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 19th day of November 2018.
/s/ _________
SHERI POLSTER CHAPPELL
UNITED STATES DISTRICT JUDGE Copies: All Parties of Record