Rosario v. Petland Orlando South, Inc.

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION

DORIS ROSARIO; and LUIS ORTIZ,

Plaintiffs,

v. Case No. 6:21-cv-713-RBD-LRH

PETLAND ORLANDO SOUTH, INC.; and ERIC DAVIES,

Defendants.

ORDER Plaintiffs sued their former employers for failure to pay overtime wages under the Fair Labor Standards Act (“FLSA”). (See Doc. 1.) 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. 14 (“Motion”); Doc. 14-1 (“Agreement”).) On referral, United States Magistrate Judge Leslie R. Hoffman recommends granting the Motion in part, severing the confidentiality and no-rehire provisions, but otherwise approving the Agreement, finding it fair and reasonable. (Doc. 17 (“R&R”).) The parties do not object to the R&R. (Doc. 19.) So 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 none, the R&R is due to be adopted in its entirety.

Accordingly, it is ORDERED AND ADJUDGED: 1. U.S. Magistrate Judge Leslie R. Hoffman’s Report and Recommendation (Doc. 17) is ADOPTED, CONFIRMED, and made

a part of this Order. 2. The parties’ Joint Motion for Approval of FLSA Settlement Agreement (Doc. 14) is GRANTED IN PART AND DENIED IN

PART: a. The confidentiality provisions (Doc. 14-1, p. 4 ¶ 5, p. 11 ¶ 5) are SEVERED;

b. The no-rehire provisions (Doc. 14-1, pp. 4–5 ¶ 7, pp. 11–12 ¶ 7) are SEVERED; c. In all other respects, the Motion is GRANTED.

3. As modified, the parties’ Settlement Agreements (Doc. 14-1) are APPROVED. 4. This case is DISMISSED WITH PREJUDICE.

5. The Clerk is DIRECTED to terminate all pending motions and close the file. DONE AND ORDERED in Chambers in Orlando, Florida, on July 23, 2021.

ey Meillahy ca ROY B. DALTON JR: United States District Judge

3.