TONEY v. DECH CORP

Full title: JAMES TONEY, Plaintiff, v. DECH CORP. a Florida Profit Corporation doing…

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

Date published: Aug 12, 2011

CASE NO. 2:10-CV-529-FtM-36DNF (M.D. Fla. Aug. 12, 2011)

Opinion

CASE NO. 2:10-CV-529-FtM-36DNF.

August 12, 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 July 28, 2011 (Dkt. 52), recommending that the Court grant the Joint Motion for Approval of Settlement Agreement, and Upon Court Approval, for Dismissal of the Action With Prejudice (Dkt. 40) and approve the Settlement Agreement (Dkt. 42, Ex. A). The Magistrate Judge also recommends that the Court deny the Motion to Reopen Proceedings (Dkt. 47) and the Renewed Motion to Approve Settlement, or in the Alternative, to Reopen Litigation and Enlarge the Discovery and Dispositive Motions Deadlines (Dkt. 50). Finally, the Magistrate Judge recommends that the Court dismiss this action with prejudice and close the file. No party filed an objection to the Report and Recommendation, and the time to do so has expired.

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. 52) 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 Settlement Agreement, and Upon Court Approval, for Dismissal of the Action With Prejudice (Dkt. 40) is GRANTED. The Settlement Agreement (Dkt. 42, Ex. A) is APPROVED, as it constitutes a fair and reasonable resolution of this action.

3) The Motion to Reopen Proceedings (Dkt. 47) and the Renewed Motion to Approve Settlement, or in the Alternative, to Reopen Litigation and Enlarge the Discovery and Dispositive Motions Deadlines (Dkt. 50) are DENIED.

4) This case is DISMISSED, with prejudice.

5) The Clerk is directed to terminate any pending motions/deadlines, enter judgment accordingly, and CLOSE this case.

DONE AND ORDERED at Ft. Myers, Florida.