Thomas v. Lifestream Behavioral Center, Inc.

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA OCALA DIVISION

APRIL THOMAS,

Plaintiff,

v. Case No. 5:21-cv-254-ACC-PRL

LIFESTREAM BEHAVIORAL CENTER, INC.,

Defendant.

ORDER This cause is before the Court on Motion for Settlement (Doc. 35) filed on April 11, 2022. The United States Magistrate Judge has submitted a report recommending that the Motion be GRANTED in part. After an independent de novo review of the record in this matter, and noting that no objections were timely filed, the Court agrees entirely with the findings of fact and conclusions of law in the Report and Recommendation. Therefore, it is ORDERED as follows: 1. The Report and Recommendation filed April 13, 2022 (Doc. 36) is ADOPTED and CONFIRMED and made a part of this Order. 2. The Joint Second Amended Motion to Approve Settlement and a. The Court declines to retain jurisdiction to enforce the Settlement Agreement; b. The Court severs the Amendments Provision in the Settlement Agreement (Doc. 35-1 4 11); c. The Court finds that Plaintiff's attorney’s fees and costs of $3,919.50 are reasonable; and d. The parties’ Settlement Agreement (Doc. 35-1), as revised above, is a “fair and reasonable resolution” of a bona fide dispute under the Fair Labor Standards Act pursuant to Lynn’s Food Stores, Inc. v. United States Department of Labor, 679 F.2d 1350 (11th Cir. 1982). e. The case is DISMISSED with prejudice. f. The Clerk is directed to CLOSE the file. DONE and ORDERED in Orlando, Florida on May 2, 2022.

ANNE €. CONWAY 7 □ United States District Judge {i

Copies furnished to: Counsel of Record