Ramirez v. Mike Kelly Construction, Inc.

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION

ROMMEL A. RAMIREZ; and FREDDY F. GUERRERO,

Plaintiffs,

v. Case No. 6:20-cv-538-Orl-37GJK

AEG INSTALLATION CORP; ADA D. ORTIZ; MICHAEL P. KELLY; and CONSILIUM GROUP INC.,

Defendants.

Plaintiffs sued their former employers for failure to pay overtime and minimum wages and retaliation under the Fair Labor Standards Act (“FLSA”). (See Doc. 13.) The parties 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. 38 (“Motion”); Doc. 38-1 (“Agreement”).) On referral, U.S. Magistrate Judge Gregory J. Kelly recommends granting the Motion and approving the Agreement, finding it fair and reasonable. (Doc. 39 (“R&R”).) The parties do not object to the R&R (Doc. 40), so the Court has examined it 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 none, the R&R is adopted in its entirety. -1- Itis ORDERED AND ADJUDGED: 1. U.S. Magistrate Judge Gregory J. Kelly’s Report and Recommendation (Doc. 39) is ADOPTED, CONFIRMED, and made a part of this Order. 2. The parties’ Second Revised Joint Motion to Approve FLSA Settlement and Stipulation of Dismissal (Doc. 38) is GRANTED. 3. The parties’ Confidential Settlement Agreement and Release (Doc. 38-1) is APPROVED. 4. This case is DISMISSED WITH PREJUDICE. 5. The Clerk is DIRECTED to close the file. DONE AND ORDERED in Chambers in Orlando, Florida, on October 1, 2020.

f] a im nell ROY B. DALTON JR: United States District Judge

Copies to: Counsel of Record

-2-

-3-