MOHRING

v.

SPEEDWAY, LLC.

M.D. Fla. | 2022-01-25

No. 2:20-cv-912

District Court, M.D. Florida (2022)

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Holding

The court adopted the magistrate judge's recommendation to approve the settlement agreement and dismissed the case with prejudice.

Facts & Procedural History

The parties filed a joint motion to approve a settlement agreement and release. The magistrate judge recommended granting the motion. Neither party ob…

The full statement of facts, procedural history, and disposition for this case are member content.

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Topics

Fed. R. Civ. P. 72 Fair Labor Standards Act Claim Fair Labor Standards Act (Flsa) Settlement Approval Settlement Approval

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Opinion of the Court

Defendant. /

OPINION AND ORDER1

Before the Court is United States Magistrate Judge Mac R. McCoy’s Report and Recommendation. (Doc. 46). Judge McCoy recommends granting the Second Amended Joint Motion for Approval of Settlement (Doc. 45), and approving their FLSA Settlement Agreement, Waiver, and Release (Doc. 45- 1). Neither 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. 46) in full. Accordingly, it is now ORDERED: 1. The Report and Recommendation (Doc. 46) is ACCEPTED and

ADOPTED and the findings incorporated herein. 2. The Second Amended Joint Motion for Approval of Settlement (Doc. 45) is GRANTED and the FLSA Settlement Agreement, Waiver, and Release (Doc. 45-1) 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 January 25, 2022.

tite POLSTER otal

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. 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

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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