APONTE
v.
JUGAMAXA LLC.
THIS CAUSE is before the Court on the Joint Motion for Entry of Order Approving Settlement and Dismissing Case with Prejudice (“Joint Motion,” Doc. 45).
United States Magistrate Judge David A. Baker issued a Report and Recommendation (“R&R,” Doc. 47), in which he recommends granting in part the Joint Motion by approving the Settlement Agreement (Doc. 45-1) but striking the modification provision.1 (See generally Doc. 47).
Plaintiff filed a Notice of Non-Objection (Doc. 48).
After a de novo review of the record, and noting that no objections were timely filed, this Court agrees with the analysis set forth in the R&R with one exception. The Settlement Agreement requests that the Court retain jurisdiction to enforce the agreement. Courts in this district routinely deny requests to retain jurisdiction to enforce the terms of an FLSA settlement agreement. See, e.g., Correa v. Goldblatt, No. 6:10-cv-1656-Orl-28DAB, 2011 WL 4596224, at *3 (M.D. Fla. 1 The Settlement Agreement contains a severability provision. (Doc. 45-1 at 5).
Thus, the Court can strike the modification provision without affecting the enforceability of the remainder of the Settlement Agreement. See Pariente v. CLC Resorts & Devs., Inc., No. 6:14-cv-615-Orl- 37TBS, 2014 WL 6389756, at *5–6 (M.D. Fla. Nov. 14, 2014). Sept. 9, 2011), Report and Recommendation adopted by, 2011 WL 4704196 (M.D. Fla. Oct. 4, 2011); Smither v. Dolphin Pools of SW Fla., Inc., No. 2:11-cv-65-FtM-29DNF, 2011 WL 2565494, at *2 (M.D. Fla. June 9, 2011), Report and Recommendation adopted by, 2011 WL 2580459 (M.D. Fla. June 29, 2011). The parties have not given any compelling reason why the Court should retain jurisdiction over this case, and therefore the Court declines to do so.
Therefore, itis ORDERED and ADJUDGED as follows: 1. The Report and Recommendation (Doc. 47) is ADOPTED and CONFIRMED and made a part of this Order.
2. The Joint Motion for Entry of Order Approving Settlement and Dismissing Case with Prejudice (Doc. 45) is GRANTED in part. a. To extent that the modification provision of the Settlement Agreement (Doc. 45-1 at 6, §] 14) permits the parties to modify the agreement without Court approval, it is STRICKEN.
3. As modified herein, the parties’ Settlement Agreement (Doc. 45-1) is
APPROVED.
4. This case is DISMISSED with prejudice.
5. The Court declines to retain jurisdiction over the Settlement Agreement.
6. The Clerk is directed to close this case.
DONE and ORDERED in Orlando, Florida on March 17, 2020.
a CARLOS E. MENDOZA | UNITED STATES DISTRICT JUD@E
Copies furnished to:
Counsel of Record Unrepresented Party
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Aponte v. Jugamaxa LLC., 2011 WL 4596224 (M.D. Fla. 2020)…nc., No. 6:14-cv-615-Orl- 37TBS, 2014 WL 6389756, at *5–6 (M.D. Fla. Nov. 14, 2014). Sept. 9, 2011), Report and Recommendation adopted by, 2011 WL 4704196 (M.D. Fla. Oct. 4, 2011); Smither v. Dolphin Pools of SW Fla., Inc., No. 2:11-cv-65-FtM-29DNF, 2011 WL 2565494, at *2 (M.D. Fla. June 9, 2011), Report and Recommendation adopted by, 2011 WL 2580459 (M.D. Fla. June 29, 2011). The parties have not given any compelling reason why the Court should retain jurisdiction over this case, and therefore the Court decli…1 / 5
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Scandalios v. TCC Wireless, LLC (M.D. Fla. 2023)…013) (citation and quotations omitted). And confidentiality clauses are generally disfavored because they “thwart[] Congress’s intent to ensure widespread compliance with the FLSA.” Pariente v. CLC Resorts and Dev., Inc., No. 6:14-cv-615-Orl- 37TBS, 2014 WL 6389756, at *5 (M.D. Fla. Nov. 14, 2014) (quotations and citation omitted). Courts in the Middle District of Florida, however, have allowed general releases and confidentiality clauses in settlement agreements when separate consideration is provided for th…
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Thomas v. Lifestream Behavioral Ctr., Inc. (M.D. Fla. 2022)….D. Fla. June 9, 2011) (denying request to retain jurisdiction to enforce terms of FLSA settlement agreement due to parties’ failure to present arguments or reasons in support of retaining jurisdiction), report and recommendation adopted, 2011 WL 2580459 (M.D. Fla. June 29, 2011). Because the parties have provided no compelling argument in support of their request, the undersigned recommends that the Court deny the parties’ request to retain jurisdiction to enforce the terms of the settlem…1 / 4
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- Aponte v. Jugamaxa LLC., 2011 WL 4596224 (M.D. Fla. 2020)