Case Information
*1 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION
KELLY LELEUX,
Plaintiff, v. Case No. 6:17-cv-747-Orl-37TBS THE COVELLI FAMILY LIMITED
PARTNERSHIP; COVELLI FAMILY
LIMITED PARTNERSHIP II; and
COVELLI FAMILY LIMITED
PARTNERSHIP III,
Defendants.
_____________________________________
ORDER
Plaintiff initiated this putative collective action against Defendants alleging that they failed to pay her overtime and minimum wages in violation of the Fair Labor Standards Act (“ FLSA ”). (Doc. 1.) On October 17, 2017, after the Court’s prodding (Doc. 29), the parties submitted a motion for approval of their settlement agreement pursuant to Lynn’s Food Stores, Inc. v. United States ex rel. U.S. Dep’t of Labor , 679 F.2d 1350 (11th Cir. 1982) ( see Doc. 30 (“ Motion ”); Doc. 30-1 (“ Agreement ”)). On referral, U.S. Magistrate Judge Thomas B. Smith recommends that the Court deny the Approval Motion and reject the Agreement. (Doc. 31 (“ R&R ”)).
In his R&R, Magistrate Judge Smith finds problematic the Agreement’s: (1) broad release provisions; (2) covenants not to sue; (3) requirement that both parties refrain from disparaging each other; and (4) conflicting confidentiality provision. ( See id. at 5–9.) *2 Although the Agreement contains a severability clause, Magistrate Judge Smith concludes that severance could not cure these issues. ( Id. at 8–9.)
The parties did not object to the R&R, and the time for doing so has now passed. In the absence of objections, the Court has reviewed 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 Marcort v. Prem, Inc. , 208 F. App’x 781, 784 (11th Cir. 2006). Finding no clear error, the R&R is due to be adopted in its entirety.
Accordingly, it is ORDERED AND ADJUDGED as follows: 1. U.S. Magistrate Judge Thomas B. Smith’s Report and Recommendation
(Doc. 31) is ADOPTED, CONFIRMED , and made a part of this Order. 2. The parties’ Joint Motion to Approve FLSA Settlement and to Dismiss with
Prejudice (Doc. 30) is DENIED . 3. The parties’ Release and Settlement Agreement (Doc. 30-1) is REJECTED . 4. On or before Friday, November 17, 2017 , the parties may file an amended
motion for approval that remedies the defects identified in the Report and Recommendation (Doc. 31). Failure to timely file a motion will render any settlement agreement reached by the parties unenforceable.
DONE AND ORDERED in Chambers in Orlando, Florida, on November 3, 2017. *3 Copies to:
Counsel of Record