JACK
v.
ALL-RITE PAVING CONTRACTORS, INC.
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In this Fair Labor Standards Act (FLSA) case, the district court adopted a magistrate judge's recommendation to approve a settlement agreement between the parties and dismiss the case with prejudice. The court found no clear error in the magistrate's analysis and granted the joint motion to settle.
The court adopted the magistrate judge's Report and Recommendation in its entirety, granted the joint motion to approve the settlement of FLSA claims, and dismissed the case with prejudice while retaining jurisdiction to enforce the settlement terms.
[1] A district court must conduct a de novo review of those portions of a magistrate judge's report to which specific objections are made.
[2] Portions of a magistrate judge's report to which no objections are filed are reviewed for clear error.
Previewing 2 of 6 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 standard for parties to object to a magistrate judge's report and recommendation
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Join FLexlaw to unlock all legal intelligenceThe parties filed a joint motion to approve a settlement of FLSA claims. A magistrate judge issued a Report and Recommendation recommending approval o…
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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 to Approve Settlement of FLSA Claims [ECF No. 48]. [ECF No. 52 (the “R&R")]. Judge Augustin-Birch recommends granting the Joint Motion to Approve Settlement of FLSA Claims [ECF No. 48] and dismissing this case with prejudice. [ECF No. 52 at 1]. 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:
1. Magistrate Judge Augustin-Birch's R&R [ECF No. 52] is AFFIRMED AND
ADOPTED.
2. The Joint Motion to Approve Settlement of FLSA Claims [ECF No. 48] 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 August 25, 2025.
DAVID S. LEIBOWITZ
UNITED STATES DISTRICT JUDGE
cc: counsel of record