Case Information
*1 Case 6:06-cv-01374-PCF-KRS Document 31 Filed 03/30/07 Page 1 of 2 PageID 94 U NITED S TATES D ISTRICT C OURT M IDDLE D ISTRICT OF F LORIDA O RLANDO D IVISION
RONIZE BERNARDI,
Plaintiff, -vs- Case No. 6:06-cv-1374-Orl-19KRS BENZER ENTERPRISE, INC., MONNICA
A. NANDU, ARVIND NANDU,
Defendants.
______________________________________
R EPORT A ND R ECOMMENDATION
TO THE UNITED STATES DISTRICT COURT
This cause came on for consideration after oral argument on the following motion filed herein: MOTION: NOTICE OF SETTLEMENT (Doc. No. 24) FILED: February 15, 2007
_____________________________________________________________ THEREON it is RECOMMENDED that the motion be GRANTED .
This case was brought under the Fair Labor Standards Act (FLSA). 29 U.S.C. § 201,
et seq.
In
Lynn’s Food Stores, Inc. v. United States
,
On March 30, 2007, I held a hearing to consider the fairness of the settlement. Counsel stated that Plaintiff Ronize Bernardi has moved out of the country and is no longer interested in prosecuting *2 Case 6:06-cv-01374-PCF-KRS Document 31 Filed 03/30/07 Page 2 of 2 PageID 95 this case. Because the parties’ settlement is a result of Benardi’s desire to end the litigation, I conclude that the settlement is a “fair and reasonable resolution of a bona fide dispute over FLSA provisions.” Id. at 1354.
Accordingly, I respectfully recommend that the Court approve the settlement agreement, doc. no. 27-2, and dismiss the case with prejudice. I also recommend that the Court direct the Clerk to close the file after an order of dismissal is entered.
Failure to file written objections to the proposed findings and recommendations contained in this report within ten (10) days from the date of its filing shall bar an aggrieved party from attacking the factual findings on appeal.
Recommended in Orlando, Florida on March 30, 2007.
Karla R. Spaulding KARLA R. SPAULDING UNITED STATES MAGISTRATE JUDGE Copies furnished to:
Presiding District Judge
Counsel of Record
Unrepresented Party
Courtroom Deputy
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