RAMIREZ
v.
DIVISION 16, LLC
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The Court adopts the Magistrate Judge's Report and Recommendation, approving the settlement agreement in part and severing an invalid amendment provision.
Plaintiff Esteban Ramirez sued Defendant Division 16, LLC. The parties filed a Joint Motion for Order Approving Resolution of FLSA Claim and a Settlem…
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DIVISION 16, LLC,
Defendant. /
ORDER1
Before the Court is United States Magistrate Judge Mac R. McCoy’s Report and Recommendation. (Doc. 50). Judge McCoy recommends granting in part and denying in part the Joint Motion for Order Approving Resolution of FLSA Claim (Doc. 49) and approving in part the Settlement Agreement (Doc. 49-1). No party objected, so the matter is ripe for review. After conducting a careful and complete review of the findings and recommendations, a district judge “may accept, reject, or modify, in whole or in part,” the magistrate judge’s R&R. 28 U.S.C. § 636(b)(1)(C). In the absence of specific objections, there is no requirement that a district judge review the
as demanded by the interests of justice. See, e.g., Symonette v. V.A. Leasing Corp., 648 F. App’x 787, 790 (11th Cir. 2016); Thomas v. Arn, 474 U.S. 140, 150-52 (1985). Plain error exists if (1) “an error occurred”; (2) “the error was plain”; (3) “it affected substantial rights”; and (4) “not correcting the error
would seriously affect the fairness of the judicial proceedings.” Farley v. Nationwide Mut. Ins., 197 F. 3d 1322, 1329 (11th Cir. 1999). After careful consideration and an independent review of the case, the Court finds no plain error. It thus accepts and adopts the Report and
Recommendation (Doc. 50) in full. Accordingly, it is now ORDERED: 1. The Report and Recommendation (Doc. 50) is ACCEPTED and
ADOPTED and the findings incorporated herein. 2. The Joint Motion for Order Approving Resolution of FLSA Claim (Doc. 49) is GRANTED in part and DENIED in part as follows: a. The portion of the amendment provision in the Settlement
Agreement that purports to allow the parties to modify the agreement without Court approval (see Doc. 49-1 at 7-8 ¶ 17) is invalid and severed from the agreement; and b. The remainder of the settlement agreement (Doc. 49-1) is approved as a fair and reasonable resolution of a bona fide dispute regarding Plaintiff's FLSA claims.
3. This action is DISMISSED with prejudice.
4. The Clerk of Court is DIRECTED to enter judgment, terminate any pending motions or deadlines, and close the case. DONE and ORDERED in Fort Myers, Florida on July 7, 2022.
UNITED STATES DISTRICT JUDGE
Copies: All Parties of Record
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Thomas v. Arn, 474 U.S. 140 (U.S. 1985)
- Garvey v. Vaughn, 993 F.2d 776 (11th Cir. 1993)
- Farley v. Nationwide Mut. Ins. Co., 197 F.3d 1322 (11th Cir. 1999)