Opinion
6:22-cv-864-RBD-LHP
12-15-2022
JASON MONGE; ALBERTO GONZALEZ; ANTHONY ORTIZ; and RAMON RIVERA, Plaintiffs, v. RHINO TIRE USA, LLC, Defendant.
ORDER
ROY B. DALTON JR. United States District Judge.
In this Fair Labor Standards Act case, the parties moved for approval of their settlement agreement (Doc. 41-1 (“Agreement”)). (Doc. 41 (“Motion”).) U.S. Magistrate Judge Leslie Hoffman Price entered a Report and Recommendation recommending that the Court find the Agreement fair and reasonable in large part, with the exception of two provisions that should be severed: an overbroad release and an impermissible modification clause. (Doc. 52 (“R&R”).) The parties do not object to the R&R (Doc. 53), so the Court examines it for clear error only. See Macort v. Prem, Inc., 208 Fed.Appx. 781, 784 (11th Cir. 2006). Finding none, the R&R is due to be adopted in its entirety.
Accordingly, it is ORDERED AND ADJUDGED:
1. The R&R (Doc. 52) is ADOPTED, CONFIRMED, and made a part of this Order in its entirety.
2. The Motion (Doc. 41) is GRANTED IN PART AND DENIED IN PART:
a. The Motion is DENIED insofar as the following language is SEVERED from the Agreement:
i. “And all claims for unpaid wages in the form of vacation pay. Plaintiffs also release, absolve, and discharge Defendant for any other claims arising out of Plaintiffs' compensation, wages, and/or termination of their employment with Defendant or the Lawsuit.” (Doc. 41-1, ¶ 9.)
ii. “The Agreement may only be amended or modified by a writing signed by all of the Parties.” (Doc. 41-1, ¶ 15.)
b. The Motion is GRANTED insofar as the Agreement (Doc. 411), with the modifications above, is APPROVED as fair and reasonable.
3. This case is DISMISSED WITH PREJUDICE.
4. The Clerk is DIRECTED to close the file.
DONE AND ORDERED.