Hall v. The United Group of Companies, Inc. et al, No. 2:2017cv00607 - Document 39 (M.D. Fla. 2019)

Court Description: OPINION AND ORDER granting 37 Motion to Approve Settlement; approving settlement except as to the waiver of jury trial provision, which is stricken; adopting and incorporating 38 Report and Recommendations. The Clerk shall enter judgment dismissing the case with prejudice, terminate all pending matters, and close the file. Signed by Judge John E. Steele on 1/7/2019. (RKR)

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Hall v. The United Group of Companies, Inc. et al Doc. 39 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION SHALIECE D. HALL, Plaintiff, v. Case No: 2:17-cv-607-FtM-29MRM THE UNITED GROUP OF COMPANIES, INC., CARLYLE INVESTMENT MANAGEMENT LLC, and UNITED PAYROLL, LLC, Defendants. OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge’s Report and Recommendation (Doc. #38), filed December 20, 2018, recommending that the Joint Motion to Approve [sic] Settlement and Dismiss Action With Prejudice (Doc. #37) be granted, and the Settlement Agreement and Release of the FLSA Claim (Doc. #37-1) be approved with a modification. No objections have been filed and the time to do so has expired. 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. 28 U.S.C. § 636(b)(1); 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 Dockets.Justia.com (11th Cir. 1993), and the court may accept, reject or modify, in whole or in part, the findings and recommendations. 636(b)(1). 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), aff’d, 28 F.3d 116 (11th Cir. 1994) (Table). The Magistrate Judge found that the parties’ settlement was fair and reasonable with the exception of the waiver of jury trial provision because there was no indication that plaintiff received additional consideration for the waiver. 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. The Report and Recommendation (Doc. #38) is hereby adopted and the findings incorporated herein. 2. The parties' Joint Motion to Approve [sic] Settlement and Dismiss Action With Prejudice (Doc. #37) is granted to the extent that the Settlement Agreement and Release of the FLSA Claim (Doc. #37-1) is approved as a fair and reasonable resolution of a bona fide dispute except that the Waiver of Jury Trial provision is stricken and severed. - 2 - 3. The Clerk shall enter judgment dismissing the case with prejudice, terminate all deadlines and motions, and close the file. DONE and ORDERED at Fort Myers, Florida, this January, 2019. Copies: Hon. Mac R. McCoy United States Magistrate Judge Counsel of Record Unrepresented parties - 3 - 7th day of

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