HOLGER MARK DOERR
v.
VILLA VIE RESIDENCES CORPORATION
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The district court adopted the magistrate judge's recommendation and approved a Fair Labor Standards Act (FLSA) settlement agreement between the parties, dismissing the case with prejudice. No party objected to the magistrate's recommendation, so the court reviewed for clear error and found none.
The court approved the FLSA settlement agreement and dismissed the case with prejudice. The magistrate judge's Report and Recommendation was affirmed and adopted in its entirety.
[1] A district court must conduct a de novo review of portions of a magistrate judge's report to which specific objections are made.
[2] A district court reviews portions of a magistrate judge's report for clear error when no objections are filed.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“In order to challenge the findings and recommendations of the magistrate judge, a party must file written objections which shall specifically identify the portions of the proposed findings and recommendation to which objection is made and the specific basis for objection.”
Establishes the procedural requirement for objecting to a magistrate judge's recommendation
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Join FLexlaw to unlock all legal intelligenceHolger Mark Doerr brought an FLSA action against Villa Vie Residences Corporation. The parties negotiated a settlement agreement and jointly moved for…
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THIS CAUSE is before the Court on United States Magistrate Judge Panayotta Augustin-Birch's Report and Recommendation on the parties' Joint Motion for Approval of the Parties' FLSA Settlement Agreement and Dismissal with Prejudice [ECF No. 36]. [ECF No. 42 (the “R&R")]. Judge Augustin-Birch recommends granting the Joint Motion for Approval of the Parties' FLSA Settlement Agreement and Dismissal with Prejudice [ECF No. 36] and dismissing this case with prejudice. [ECF No. 42 at 4]. The parties did not file any objections to the R&R, and the time to do so has passed.
After careful review of the filings, the applicable law, and the record, the Court adopts Judge Augustin-Birch's R&R in its entirety.
“In order to challenge the findings and recommendations of the magistrate judge, a party must file written objections which shall specifically identify the portions of the proposed findings and recommendation to which objection is made and the specific basis for objection.” Macort v. Prem, Inc., 208 F. App'x 781, 783 (11th Cir. 2006) (cleaned up). The objections must also present “supporting legal authority.” S.D. Fla. L. Mag. J.R. 4(b). Once a district court receives “objections meeting the specificity requirement set out above,” it must “make a de novo determination of those portions of the report to which objection is made and may accept, reject, or modify in whole or in part, the findings or recommendations made by the magistrate judge.” Macort, 208 F. App'x at 783–84 (cleaned up). To the extent a party fails to object to parts of the magistrate judge's report, those portions are reviewed for clear error. Id. at 784 (cleaned up).
The parties have not submitted any objections to Judge Augustin-Birch's R&R, and the time to do so has passed. As such, the Court has reviewed the R&R for clear error only. Upon this review, the Court finds not only no clear error but also notes that Judge Augustin-Birch's R&R is thorough, cogent, and compelling. The Court adopts the R&R in its entirety.
Accordingly, it is hereby ORDERED AND ADJUDGED that:
1. Magistrate Judge Augustin-Birch's R&R [ECF No. 42] is AFFIRMED AND ADOPTED.
2. The Joint Motion for Approval of the Parties' FLSA Settlement Agreement and Dismissal with Prejudice [ECF No. 36] is GRANTED.
3. This action is hereby DISMISSED WITH PREJUDICE.
4. The Court will retain jurisdiction to enforce the terms of the settlement agreement.
5. The Clerk of Court is directed to CLOSE this case.
6. Any pending motions are DENIED as moot, and any pending deadlines are TERMINATED.
DONE AND ORDERED in the Southern District of Florida on December 31, 2025.
DAVID S. LEIBOWITZ
UNITED STATES DISTRICT JUDGE cc: counsel of record
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