Riggins v. Choice Environment Services of Collier

Full title: TOVI RIGGINS, on behalf of himself and those similarly situated…

Court: United States District Court, M.D. Florida, Ft. Myers Division

Date published: Feb 16, 2011

CASE NO. 2:10-CV-541-FtM-36DNF (M.D. Fla. Feb. 16, 2011)

Opinion

CASE NO. 2:10-CV-541-FtM-36DNF.

February 16, 2011

ORDER

CHARLENE HONEYWELL, District Judge

THIS CAUSE came on for consideration upon the Report and Recommendation filed by United States Magistrate Judge Douglas Frazier on February 1, 2011 (Dkt. 21), recommending that the Court deny as moot the Joint Motion to Approve Confidential Settlement Agreement and General Release and Joint Stipulation to Dismiss With Prejudice, filed on January 21, 2011 (Dkt. 16) and the Second Joint Motion to Approve Confidential Settlement Agreement and General Release and Joint Stipulation to Dismiss With Prejudice, filed on January 28, 2011 (Dkt. 18). The Magistrate Judge further recommends that the Court approve the parties' Second Joint Motion to Approve Settlement Agreement and General Release and Joint Stipulation to Dismiss With Prejudice, filed on January 31, 2011 (Dkt. 19). The parties filed a Joint Notice of Non-Objection on February 2, 2011 (Dkt. 22).

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. 21) 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 to Approve Confidential Settlement Agreement and General Release and Joint Stipulation to Dismiss With Prejudice (Dkt. 16) and the Second Joint Motion to Approve Confidential Settlement Agreement and General Release and Joint Stipulation to Dismiss With Prejudice (Dkt. 18) are DENIED as moot.

3) The Second Joint Motion to Approve Settlement Agreement and General Release and Joint Stipulation to Dismiss With Prejudice (Dkt. 19) is GRANTED. The Settlement Agreement (Dkt. 19, Ex. A) is APPROVED, as it constitutes a fair and reasonable resolution of this matter.

4) The clerk is directed to terminate any pending motions/deadlines, dismiss this action with prejudice, and CLOSE this case.

DONE AND ORDERED at Ft. Myers, Florida, on February 16, 2011.