Opinion
Case No: 2:16-cv-850-FtM-38CM
10-31-2017
VANESSA PRADA and JIMMY WALKER, Plaintiffs, v. DCS ENTERPRISES, INC., DAVID STEWART and SUE STEWART, Defendants.
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This matter comes before the Court on United States Magistrate Judge Carol Mirando's Report and Recommendation. (Doc. 56). Judge Mirando recommends dismissing Plaintiffs Vanessa Prada and Jimmy Walker's claims under the Fair Labor Standards Act because they have not provided, despite several opportunities, sufficient settlement documents for the Court's review under Lynn's Food Store, Inc. v. United States, 679 F.2d 1350, 1355 (11th Cir. 1982). Because the Court cannot determine whether their settlement agreements are fair and reasonable, Judge Mirando recommends dismissing without prejudice their claims. Neither Prada nor Walker object to the Report and Recommendation, and the time to do so has expired.
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 carefully and independently, and upon considering Judge Mirando's findings and recommendations, the Court accepts and adopts the Report and
Accordingly, it is now
ORDERED:
(1) The Report and Recommendation (Doc. 56) is ACCEPTED and ADOPTED and the findings incorporated herein.
(2) The claims of Plaintiffs Vanessa Prada and Jimmy Walker are DISMISSED without prejudice.
(3) The Clerk is DIRECTED to enter judgment accordingly, terminate any pending deadlines, and close the file.
DONE and ORDERED in Fort Myers, Florida this 31st day of October 2017.
/s/ _________
SHERI POLSTER CHAPPELL
UNITED STATES DISTRICT JUDGE Copies: All Parties of Record