Opinion
CASE NO. 2:10-CV-587-FtM-36SPC.
May 24, 2011
ORDER
THIS CAUSE came on for consideration upon the Report and Recommendation filed by United States Magistrate Judge Sheri Chappell on May 5, 2011 (Dkt. 43), recommending that the Court grant the Joint Motion for Approval of FLSA Settlement, filed on May 2, 2011 (Dkt. 42). The Magistrate recommends that the Court approve the settlement of $12,000.00 reached in this action, without compromise, and dismiss this case with prejudice (Dkt. 43, p. 3).
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. 43) 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 FLSA Settlement (Dkt. 42) is GRANTED. The Settlement of: $3,400.00 to Plaintiff Jonathan Morris; $2,100.00 to Plaintiff George Brighindi; $6,000.00 in attorney's fees to Burke Lubell, P.A.; and $500.00 in costs is APPROVED, as it constitutes a fair and reasonable resolution of this dispute.
3) This action is DISMISSED with prejudice.
4) The Clerk is directed to terminate any pending motions/deadlines, enter judgment accordingly, and CLOSE this case.DONE AND ORDERED at Ft. Myers, Florida.