Opinion
Case No: 2:18-cv-165-FtM-38MRM
11-07-2018
ROSA VELA, on behalf of herself and others similarly situated Plaintiff, v. SUNNYGROVE LANDSCAPE & IRRIGATION MAINTENANCE, LLC, Defendant.
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Before the Court is United States Magistrate Judge Mac R. McCoy's Report and Recommendation. (Doc. 21). Judge McCoy recommends that the parties' Amended Joint Motion for Approval of Settlement (Doc. 20) be approved. For the following reasons, the Court accepts and adopts Judge McCoy's Report and Recommendation.
After conducting a careful and complete review of the findings and recommendations, a district judge may accept, reject, or modify the magistrate judge's report and recommendation. See 28 U.S.C. § 636(b)(1); see also Williams v. Wainwright, 681 F.2d 732 (11th Cir. 1982). In the absence of specific objections, there is no requirement that a district judge review factual findings de novo, Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993), and the court may accept, reject, or modify, in whole or in part, the findings and recommendations, 28 U.S.C. § 636(b)(1)(C). The district judge reviews legal conclusions de novo, even in the absence of an objection. See Cooper-Houston v. Southern Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994).
This is the parties' second attempt at obtaining court approval of their Fair Labor Standards Act ("FLSA") settlement. (Docs. 18; 19). In their first attempt, Judge McCoy recommended that their settlement not be approved. (Doc. 19). In response, the parties filed their Amended Joint Motion for Approval of Settlement. (Doc. 20). Judge McCoy now recommends that the amended settlement agreement be approved. (Doc. 21). After independently examining the file and on consideration of Judge McCoy's findings and recommendation, the Court accepts and adopts the Report and Recommendation.
Accordingly, it is now ORDERED:
1. The Report and Recommendation (Doc. 21) is ACCEPTED and ADOPTED and the findings incorporated herein.
2. The parties' Amended Joint Motion for Approval of Settlement (Doc. 20) is GRANTED. The revised settlement agreement (Doc. 20-1) is approved as a fair and reasonable resolution of a bona fide dispute of the parties' FLSA issues.
3. This action is DISMISSED with prejudice.
4. The Clerk of Court is DIRECTED to enter judgment accordingly, dismiss the case with prejudice, terminate all pending motions and deadlines, and close the file.
DONE and ORDERED in Fort Myers, Florida this 7th day of November 2018.
/s/ _________
SHERI POLSTER CHAPPELL
UNITED STATES DISTRICT JUDGE Copies: All Parties of Record