Opinion
Case No: 2:16-cv-401-FtM-38CM
10-31-2017
MELISSA VAN DYKE, an individual Plaintiff, v. CAFE LUNA OF NAPLES, INC., CAFE LUNA EAST, LLC, SHANNON RADOSTI and EDWARD BARSAMIAN, Defendants.
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This matter comes before the Court on United States Magistrate Judge Carol Mirando's Report and Recommendation. (Doc. 61). Judge Mirando recommends granting the Joint Motion for Settlement for Approval (Doc. 60) and approving the Settlement Agreement and Release (Doc. 60-1) as a fair and reasonable resolution of a bona fide dispute under the Fair Labor Standards Act. Because the parties do not object to the Report and Recommendation (Doc. 62), this matter is 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 carefully and 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) The Report and Recommendation (Doc. 61) is ACCEPTED and ADOPTED and the findings incorporated herein.
(2) The Joint Motion for Settlement for Approval (Doc. 60) is GRANTED and the Settlement Agreement and Release (Doc. 60-1) is APPROVED as a fair and reasonable resolution of the bona fide FLSA dispute. This action is DISMISSED with prejudice.
(3) The Clerk is DIRECTED to enter judgment accordingly, terminate any pending deadlines and motions, 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