Miranda v. City of Ceres, No. 1:2018cv00041 - Document 46 (E.D. Cal. 2020)

Court Description: ORDER ADOPTING Findings and Recommendations and GRANTING Joint Motion for approval of settlement agreement 43 , 45 signed by District Judge Dale A. Drozd on 12/10/2020. CASE CLOSED.(Lundstrom, T)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 DANIEL MIRANDA, on behalf of himself and all similarly situated individuals, Plaintiff, 13 14 15 16 No. 1:18-cv-00041-DAD-BAM ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND GRANTING JOINT MOTION FOR APPROVAL OF SETTLEMENT AGREEMENT v. CITY OF CERES, Defendant. (Doc. Nos. 43, 45) 17 18 Plaintiff Daniel Miranda brought suit against the City of Ceres on behalf of himself and 19 similarly situated individuals in this collection action pursuant to the Fair Labor Standards Act 20 (“FLSA”), 29 U.S.C. § 201 et seq. The matter was referred to a United States Magistrate Judge 21 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 22 After a settlement conference held on May 20, 2020 before the assigned magistrate judge 23 (Doc. No. 38), the parties to this FLSA collective action filed a joint motion for approval of the 24 settlement agreement on July 20, 2020. (Doc. No. 43.) On September 11, 2020, the assigned 25 magistrate judge issued findings and recommendations, recommending that the parties’ settlement 26 agreement, including the award of attorneys’ fees and costs, be approved as fair, reasonable, and 27 just in all respects, and that the parties perform the settlement agreement in accordance with its 28 terms. (Doc. No. 45 at 12.) The findings and recommendations were served on all parties and 1 1 contained notice that objections thereto were to be filed within fourteen (14) days after service. 2 (Id. at 12–13.) The time for filing objections has passed and no objections have been filed. 3 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), this court has conducted a 4 de novo review of the case. Having carefully reviewed the entire file, the court finds the findings 5 and recommendations to be supported by the record and proper analysis. 6 Accordingly, 7 1. 8 9 are adopted in full; 2. 10 11 The findings and recommendations issued on September 11, 2020 (Doc. No. 45) The parties’ joint motion to approve the settlement agreement (Doc. No. 43) is granted; 3. The parties’ settlement agreement, including the award of attorneys’ fees and costs 12 (Doc. Nos. 43-1, 43-2), which is incorporated herein by reference, is approved as 13 fair, reasonable, and just in all respects, and the parties shall perform the 14 settlement agreement in accordance with its terms; 15 4. This action is dismissed with prejudice; and 16 5. The Clerk of the Court is directed to close this case. 17 18 19 IT IS SO ORDERED. Dated: December 10, 2020 UNITED STATES DISTRICT JUDGE 20 21 22 23 24 25 26 27 28 2

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