Opinion
Case No: 2:14-cv-404-FtM-38CM
06-27-2018
VERONICA DEL PILAR RUIZ and SAGAR DALIYA, individually and on behalf of all others similarly situated who consent to their inclusion Plaintiffs, v. CIRCLE K STORES INC. and MAC'S CONVENIENCE STORES, LLC, Defendants.
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This matter comes before the Court on United States Magistrate Judge Carol Mirando's Report and Recommendation. (Doc. 128). Judge Mirando recommends granting the parties' Joint Motion to Approve their Settlement (Doc. 124), approving their Settlement Agreement (Doc. 124-4), and dismissing the case with prejudice. The parties do not object 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 Mirando's findings and recommendations, the Court accepts and adopts the Report and Recommendation.
Accordingly, it is now
ORDERED:
(1) United States Magistrate Judge Carol Mirando's Report and Recommendation. (Doc. 128) is ACCEPTED and ADOPTED and the findings incorporated herein.
(2) The Joint Motion to Approve the Parties' Settlement (Doc. 124) is GRANTED and the Settlement Agreement (Doc. 124-4) is APPROVED as a fair and reasonable resolution of the bona fide dispute under the Fair Labor Standards Act.
(3) The above-captioned case is DISMISSED WITH PREJUDICE.
(4) The Clerk is DIRECTED to enter judgment, terminate any pending deadlines and motions, and close the file.
DONE and ORDERED in Fort Myers, Florida this 27th day of June 2018.
/s/ _________
SHERI POLSTER CHAPPELL
UNITED STATES DISTRICT JUDGE Copies: All Parties of Record