WHITNEY
v.
DOCTORS SPA AT DUVAL SQUARE INC.
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The district court affirmed a magistrate judge's recommendation denying defendants' motion to enforce a Fair Labor Standards Act (FLSA) settlement agreement. The court found no clear error in the magistrate judge's analysis and rejected defendants' request to enforce the settlement.
The district court held that defendants' motion to enforce the FLSA settlement agreement should be denied, affirming the magistrate judge's recommendation that the motion be denied.
“A district court may accept, reject, or modify a magistrate judge's report and recommendation. 28 U.S.C. § 636(b)(1).”
Establishes the standard of review for magistrate judge reports
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Join FLexlaw to unlock all legal intelligenceDefendants Adrienne Curran and Doctors Spa at Duval Square Inc. filed a motion to enforce an FLSA settlement agreement on November 15, 2023. Plaintiff…
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and ADRIENNE CURRAN, M.D.,
Defendants/Counter-Plaintiffs.
/
ORDER
THIS CAUSE comes before the Court on Chief Magistrate Judge Edwin G. Torres' Report and Recommendation on Defendants' Motion to Enforce Settlement Agreement (the “Report”). [ECF No. 62]. On November 15, 2023, Defendants Adrienne Curran and Doctors Spa at Duval Square Inc. filed their Motion to Enforce FLSA Settlement (the “Motion”). [ECF No. 52]. Plaintiff then filed her Response, [ECF No. 55], to which Defendants filed their Reply, [ECF No. 57]. On November 16, 2023, the Court referred the Motion to Judge Torres pursuant to 28 U.S.C. § 636(b)(1)(B). [ECF No. 53]. On April 17, 2024, Judge Torres issued his Report recommending that the Court deny Defendants' Motion. [ECF No. 62]. The parties have not objected to the Report.
A district court may accept, reject, or modify a magistrate judge's report and recommendation. 28 U.S.C. § 636(b)(1). Those portions of the report and recommendation to which objections are made are accorded de novo review, if those objections “pinpoint the specific findings that the party disagrees with.” United States v. Schultz, 565 F. 3d 1353, 1360 (11th Cir. 2009); see
also Fed. R. Civ. P. 72(b)(3). Any portions of the report and recommendation to which no specific objections are made are reviewed only for clear error. Liberty Am. Ins. Grp., Inc. v. WestPoint Underwriters, L.L.C., 199 F. Supp. 2d 1271, 1276 (M.D. Fla. 2001); accord Macort v. Prem, Inc., 208 F. App'x 781, 784 (11th Cir. 2006).
This Court finds no clear error with Judge Torres' well-reasoned analysis and agrees that the Motion should be denied.
Accordingly, it is ORDERED AND ADJUDGED as follows:
1. Chief Magistrate Judge Edwin G. Torres' Report and Recommendation, [ECF No. 62], is AFFIRMED AND ADOPTED and incorporated into this Order by reference.
2. Defendants Adrienne Curran and Doctors Spa at Duval Square Inc.'s Motion to Enforce FLSA Settlement, [ECF No. 52], is DENIED.
DONE AND ORDERED in Chambers at Miami, Florida, this 7th day of May, 2024.
DARRIN P. GAYLES
UNITED STATES DISTRICT JUDGE
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Citator
Authorities Cited
- United States v. Schultz, 565 F.3d 1353 (11th Cir. 2009)
- Liberty Am. Ins. Grp., Inc. v. Westpoint Underwriters, L.L.C., 2001 WL 1850837 (M.D. Fla. 2001)