Strnad v. Mike's Pest Control, Inc.

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION

AARON STRNAD,

Plaintiff,

v. Case No. 6:20-cv-841-Orl-37GJK

MIKE’S PEST CONTROL, INC.; and MICHAEL A. POOLE,

Defendants.

Plaintiff sued his former employer 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. 26 (“Motion”); Doc. 26-1 (“Agreement”).) On referral, U.S. Magistrate Judge Gregory J. Kelly recommends granting the Motion in part and approving the Agreement, finding it fair and reasonable. (Doc. 27 (“R&R”).) But Judge Kelly recommends the Court decline to retain jurisdiction over the claims, as requested. (Id. at 6.) The parties do not object to the R&R (Doc. 28), 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- It is ORDERED AND ADJUDGED: 1. U.S. Magistrate Judge Gregory J. Kelly’s Report and Recommendation (Doc. 27) is ADOPTED, CONFIRMED, and made □ part of this Order. 2. The parties’ Amended Joint Motion for Court Approval of FLSA Settlement (Doc. 26) is GRANTED IN PART AND DENIED IN PART: a. The parties’ Settlement Agreement as to FLSA Claims (Doc. 26-1) is APPROVED; b. In all other respects, the Motion is DENIED. 3. This case is DISMISSED WITH PREJUDICE. 4. The Clerk is DIRECTED to terminate all pending motions and close the file. DONE AND ORDERED in Chambers in Orlando, Florida, on August 14, 2020.

Se el ROY B. DALTON JR: United States District Judge

Copies to: -2-

Counsel of Record

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