CARDON

v.

H. DESIGN GROUP, LLC

M.D. Fla. | 2022-02-07

No. 2:21-cv-432

District Court, M.D. Florida (2022)

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Holding

The court adopted the Magistrate Judge's Report and Recommendation, approving the settlement agreement and dismissing the case with prejudice.

Facts & Procedural History

Plaintiffs, similarly situated individuals, sued defendants. The parties submitted a Revised Joint Motion for Entry of Order Approving Settlement and …

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Topics

Magistrate Judge'S Report And Recommendation Review Plain Error Standard Magistrate Judge'S Report And Recommendation Review

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Opinion of the Court

DEVELOPMENT GROUP CORP, JORGE A. HOYOS and PABLO ARCE,

Defendants. /

OPINION AND ORDER1

Before the Court is United States Magistrate Judge Mac R. McCoy’s Report and Recommendation. (Doc. 31). Judge McCoy recommends granting the Revised Joint Motion for Entry of Order Approving Settlement and Dismissing Case with Prejudice (Doc. 30), and approving the Revised Settlement Agreement and FLSA Release (Doc. 30-1). No party objected, so the matter is ripe for review.

Recommendation (Doc. 31) in full. Accordingly, it is now ORDERED: 1. The Report and Recommendation (Doc. 31) is ACCEPTED and

ADOPTED and the findings incorporated herein. 2. The Revised Joint Motion for Entry of Order Approving Settlement and Dismissing Case with Prejudice (Doc. 30) is GRANTED and the Revised Settlement Agreement and FLSA Release (Doc. 30-1) is

APPROVED.

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 February 7, 2022.

UNITED STATES DISTRICT JUDGE

Copies: All Parties of Record

Footnotes

1 Disclaimer: Documents hyperlinked to CM/ECF are subject to PACER fees. By using hyperlinks, the Court does not endorse, recommend, approve, or guarantee any third parties or the services or products they provide, nor does it have any agreements with them. The Court is also not responsible for a hyperlink’s availability and functionality, and a failed hyperlink does not affect this Order. 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 R&R de novo. See Garvey v. Vaughn, 993 F. 2d 776, 779 n.9 (11th Cir. 1993). Instead, when parties don’t object, a district court need only correct plain error 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

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)

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CARDON v. H. DESIGN GROUP, LLC