KELLER
v.
DISCOUNT AUTO PARTS, LLC
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The District Court for the Middle District of Florida adopted a magistrate judge's report and recommendation regarding a FLSA (Fair Labor Standards Act) settlement. The court approved the settlement agreement between Keller and Discount Auto Parts, LLC, but struck the confidentiality provision and dismissed the case with prejudice.
The district court adopted the magistrate judge's report and recommendation in full. The settlement agreement is approved except that the confidentiality provision is stricken. The case is dismissed with prejudice and all pending motions and deadlines are terminated.
[1] A district court must conduct a de novo determination of portions of a magistrate judge's report and recommendation to which an objection is made.
[2] A district court may adopt, reject, or modify a magistrate judge's report and recommendation after a careful and complete review.
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Join FLexlaw to unlock all legal intelligence“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.”
Establishes the standard of review a district court applies when reviewing a magistrate judge's report and recommendation.
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Join FLexlaw to unlock all legal intelligenceThe parties to this FLSA case filed a joint motion to approve a settlement agreement and stipulation for dismissal with prejudice. A magistrate judge …
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This matter is before the Court on consideration of the report and recommendation of Anthony E. Porcelli, United States Magistrate Judge, entered on August 15, 2024. (Doc. 23). Judge Porcelli recommends that the “Renewed Joint Motion to Approve Settlement of FLSA Case and Joint Stipulation for Dismissal with Prejudice” (Doc. 22) be granted in part and denied in part. Specifically, Judge Porcelli recommends that the Court approve the settlement, other than the confidentiality provision, which he recommends striking. On August 23, 2024, the parties filed a joint notice of no objections to the 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. 28 U.S.C. § 636(b)(1); Camby v. Davis, 718 F. 2d 198, 199 (4th Cir. 1983); Williams v. Wainwright, 681 F. 2d 732 (11th Cir. 1982). A district court must “make a de novo determination of those portions of the [report and recommendation] to which an objection is made." 28 U.S.C. § 636(b)(1)(C).
Upon due consideration of the record, the Court adopts the report and recommendation. The Court agrees with Judge Porcelli's detailed and well-reasoned factual
findings and legal conclusions. Consequently, the joint motion is granted and the settlement agreement is approved, other than the confidentiality provision, which is stricken. Accordingly, it is
ORDERED, ADJUDGED, and DECREED:
1) Judge Porcelli's report and recommendation (Doc. 23) is AFFIRMED and ADOPTED and INCORPORATED BY REFERENCE into this Order for all purposes, including appellate review.
2) The “Renewed Joint Motion to Approve Settlement of FLSA Case and Joint Stipulation for Dismissal with Prejudice” (Doc. 22) is GRANTED IN PART and
DENIED IN PART.
3) The confidentiality provision of the settlement agreement is STRICKEN.
4) The settlement agreement (Doc. 22-1) is otherwise accepted, adopted, and approved by the Court, and the parties are ordered to comply with the terms of the settlement agreement.
5) This action is dismissed with prejudice.
6) The Clerk is directed to terminate all pending motions and deadlines, and thereafter close the case.
DONE and ORDERED in Chambers, in Tampa, Florida, this 27th day of August, 2024.
Jup. Bul
TOM BARBER
UNITED STATES DISTRICT JUDGE
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Citator
Authorities Cited
- Williams v. Louie L. Wainwright, 681 F.2d 732 (11th Cir. 1982)
- Camby v. Davis, 718 F.2d 198 (4th Cir. 1983)