Mojica v. Blackstone Real Estate Acquisitions IV LLC et al, No. 2:2012cv00089 - Document 22 (M.D. Fla. 2012)
Court Description: OPINION AND ORDER granting 13 Motion to drop as party and Blackstone Real Estate Acquisitions IV LLC is dropped as a party-defendant, who shall be terminated on the docket; granting 20 Motion to Approve Settlement and the settlement is approved a s fair and reasonable; adopting and incorporating 21 Report and Recommendations. The Clerk shall terminate Blackstone Real Estate Acquisitions IV LLC as a party, enter judgment dismissing WHM LLC with prejudice, terminate all deadlines, and close the file. Signed by Judge John E. Steele on 9/20/2012. (RKR)
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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION OSCAR MOJICA, on behalf of himself and all others similarly situated, Plaintiff, vs. Case No. 2:12-cv-89-FtM-29SPC BLACKSTONE REAL ESTATE ACQUISITIONS IV LLC, a foreign limited liability company, WHM LLC, a foreign limited liability company doing business as LUXURY RESORTS, Defendants. ___________________________________ OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge s Report and Recommendation (Doc. #21), filed September 4, 2012, recommending that the Joint Motion to Approve Confidential Settlement Agreement and Joint Motion to Dismiss With Prejudice (Doc. #20) be granted, the settlement approved, and the case dismissed as to defendant WHM, LLC only. No objections have been filed and the time to do so has expired. Also before the Court is defendants Motion to Drop Defendant Blackstone Real Estate Acquisitions IV L.L.C. As a Party (Doc. #13) filed on June 18, 2012. No response was filed and the later filed settlement does not include this defendant. Defendants state that Blackstone Real Estate Acquisitions IV LLC (Blackstone) was not properly named as a defendant because it was not and has never been plaintiff s employer for purposes of FLSA. Defendant WHM LLC acknowledges its employment relationship with plaintiff and states that the case may proceed as to WHM LLC and no prejudice would occur if Blackstone is dropped as a party. Counsel represents both defendants. In support, Joseph Palmer has submitted an Affidavit (Doc. #13) as the Area Director of Human Resources for WHM LLC stating that WHM LLC is the entity responsible for hiring, management, and supervision of all employees since July 2006, and plaintiff was an employee of WHM LLC from August 19, 2009 until his resignation on January 20, 2012. Under Federal Rule of Civil Procedure 21, the Court may add or drop a party. The motion will be granted. After conducting a careful and complete review of the findings and recommendations, a district judge may accept, reject or modify the magistrate judge s report and recommendation. 636(b)(1); 28 U.S.C. § Williams v. Wainwright, 681 F.2d 732 (11th Cir. 1982), cert. denied, 459 U.S. 1112 (1983). In the absence of specific objections, there is no requirement that a district judge review factual findings de novo, Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993), and the court may accept, reject or modify, in whole or in part, the findings and recommendations. 636(b)(1)(C). 28 U.S.C. § The district judge reviews legal conclusions de novo, even in the absence of an objection. See Cooper-Houston v. Southern Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994); Castro Bobadilla v. Reno, 826 F. Supp. 1428, 1431-32 (S.D. Fla. 1993), -2- aff d, 28 F.3d 116 (11th Cir. 1994) (Table). After conducting an independent examination of the file and upon due consideration of the Report and Recommendation, the Court accepts the Report and Recommendation of the magistrate judge. Accordingly, it is now ORDERED: 1. Defendants Motion to Drop Defendant Blackstone Real Estate Acquisitions IV L.L.C As a Party (Doc. #13) is granted and Blackstone Real Estate Acquisitions IV LLC is dropped as a partydefendant. The Clerk shall terminate this defendant on the docket. 2. The Report and Recommendation (Doc. #21) is hereby adopted and the findings incorporated herein. 3. The Joint Motion to Approve Confidential Settlement Agreement and Joint Motion to Dismiss With Prejudice (Doc. #20) is granted and the settlement is approved as fair and reasonable. 3. The Clerk shall enter judgment dismissing the case with prejudice as to WHM LLC, terminate all deadlines and motions, and close the file. DONE AND ORDERED at Fort Myers, Florida, this September, 2012. Copies: Hon. Sheri Polster Chappell United States Magistrate Judge Counsel of Record -3- 20th day of
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