BROWN
v.
LEE MEMORIAL HEALTH SYSTEM FOUNDATION, INC.
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The court accepted and adopted the Magistrate Judge's Report and Recommendation, approving the settlement agreement after severing a future employment provision.
The parties submitted a joint motion to approve a settlement agreement and dismiss the case. The Magistrate Judge recommended approval, but advised se…
The full statement of facts, procedural history, and disposition for this case are member content.
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Defendant. /
ORDER1
Before the Court is United States Magistrate Judge Mac R. McCoy’s Report and Recommendation (the “R&R”). (Doc. 16). Judge McCoy recommends granting the Joint Motion for Entry of Order Approving Settlement and Dismissing Case with Prejudice (Doc. 15), subject to the Court severing and striking paragraph 5 of the Settlement Agreement and Release (Doc. 15-1 at 3-4) containing a future employment provision. After severing and striking that paragraph, the R&R recommends approving the parties’ Settlement Agreement and Release (Doc. 15-1) as a fair and reasonable resolution of a bona fide FLSA dispute. Plaintiff does not object (Doc. 17), and Defendant did not timely object. So the matter is ripe for review. A district judge “may accept, reject or modify in whole or in part, the findings or recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1); see also
F. 3d 603, 604 (11th Cir. 1994). After a careful and independent examination of the file, and after considering Judge McCoy’s findings and recommendations, the Court accepts and adopts the R&R in full. In doing so, the Court accepts and adopts Judge McCoy’s recommendation to sever and strike paragraph 5 from the Settlement Agreement and Release. For that reason, there is no need to address the R&R’s alternative recommendation. Accordingly, it is now ORDERED: 1. The Report and Recommendation (Doc. 16) is ACCEPTED and ADOPTED
and the findings incorporated herein. a. The Joint Motion for Entry of Order Approving Settlement and Dismissing Case with Prejudice (Doc. 15) is GRANTED. b. Paragraph 5 (Doc. 15-1 at 3-4) is severed and struck from the Agreement. c. The remaining portions of the Settlement Agreement and Release (Doc. 15-1) are APPROVED as a fair and reasonable resolution of a bona fide FLSA dispute.
2. This case is DISMISSED with prejudice.
3. The Clerk is DIRECTED to enter judgment, terminate any pending motions and deadlines, and close the file. DONE and ORDERED in Fort Myers, Florida this 17th day of December, 2019.
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UNITED STATES DISTRICT JUDGE
Copies: All Parties of Record
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Citator
Authorities Cited
- Garvey v. Vaughn, 993 F.2d 776 (11th Cir. 1993)
- Williams v. Louie L. Wainwright, 681 F.2d 732 (11th Cir. 1982)