Mayer v. MWB Real Estate Venture, Inc.

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION

LAURA MAYER,

Plaintiff,

v. Case No. 6:19-cv-676-Orl-37GJK

MWB REAL ESTATE VENTURE, INC.; CONWAY A. BOLT, III; BOLT REAL ESTATE, LLC; MARCELLA W. BOLT,

Defendants. _____________________________________

ORDER Plaintiff sued her former employers for failure to pay overtime and other damages under the Fair Labor Standards Act (“FLSA”). (See Docs. 1, 23.) The parties then moved for approval of their FLSA settlement agreement under Lynn’s Food Stores, Inc. v. United States ex rel. United States Department of Labor, 679 F.2d 1350, 1355 (11th Cir. 1982). (Doc. 29, pp. 1–9 (“Motion”); id. at 11–18 (“Agreement”).) On referral, U.S. Magistrate Judge Gregory J. Kelly recommends granting the Motion in part, finding the Agreement is a fair and reasonable settlement of Plaintiff’s FLSA claims, and dismissing the claims with prejudice. (Doc. 30 (“R&R”).) However, Magistrate Judge Kelly recommends denying the Motion to the extent it requests the Court retain jurisdiction to enforce the Agreement. (Id. at 6.) The parties represent they do not object to the R&R. (Doc. 31.) As such, the Court has examined the R&R only for clear error. See Wiand v. Wells Fargo Bank, N.A., No. 8:12-cv-557-T-27EAJ, 2016 WL 355490, at *1 (M.D. Fla. Jan. 28, 2016); see also Macort v. Prem, Inc., 208 F. App’x 781, 784 (11th Cir. 2006). Finding no such error, the Court concludes that the R&R is due to be adopted in its entirety. Accordingly, it is ORDERED AND ADJUDGED as follows: 1. U.S. Magistrate Judge Gregory J. Kelly’s Report and Recommendation (Doc. 30) is ADOPTED, CONFIRMED, and made part of this Order. 2. The parties’ Joint Motion for Approval of Settlement and Dismissal of the Case with Prejudice (Doc. 29) is GRANTED IN PART AND DENIED IN PART:

a. The Motion is GRANTED to the extent the Court finds the Agreement (Doc. 29, pp. 11-18) is a fair and reasonable compromise of Plaintiff's FLSA claims and dismisses the claims with prejudice. b. In all other respects, the Motion is DENIED. 3. The Agreement (Doc. 29, pp. 11-18) is APPROVED. 4. This action is DISMISSED WITH PREJUDICE. 5. The Clerk is DIRECTED to close the file. DONE ORDERED in Chambers in Orlando, Florida, on September 20,2019.

Yj, 2 ROY B. DALTON JR: □ United States District Judge

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Copies to: Counsel of Record