Case Information
*1 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION
ROSE MALBRANCHE,
Plaintiff, v. Case No: 2:17-cv-74-FtM-38CM REDI CARE NURSING SERVICES,
LLC,
Defendant.
/ OPINION AND ORDER [1]
This matter comes before the Court on United States Magistrate Judge Carol Mirando’s Report and Recommendation. ( Doc. 32). Judge Mirando recommends granting in part the parties’ Joint Motion for Approval of Settlement and Dismissal with Prejudice (Doc. 30) and approving their Settlement Agreement (Doc. 30-1) as a fair and reasonable resolution of a bona fide dispute under the Fair Labor Standards Act. The parties have not objected to the Report and Recommendation, and the time to do so has expired.
A district judge “may accept, reject, or modify in whole or in part, the findings or recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1). The district *2 judge “shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.” Id. And “[t]he judge may also receive further evidence or recommit the matter to the magistrate judge with instructions.” Id.
After examining the file carefully and independently, and upon considering Judge Mirando’s findings and r ecommendations, the Court accepts and adopts the Report and Recommendation.
Accordingly, it is now ORDERED:
(1) The Report and Recommendation (Doc. 32) is ACCEPTED and ADOPTED
and the findings incorporated herein. (2) The Joint Motion for Approval of Settlement and Dismissal with Prejudice (Doc.
30) is GRANTED in part and DENIED in part . The Court grants the motion to the extent it approves the Settlement Agreement (Doc. 30-1) as a fair and reasonable resolution of a bona fide dispute under the FLSA. But it denies the motion to the extent it will not retain jurisdiction to enforce the Settlement Agreement.
(3) This action is DISMISSED with prejudice .
(4) The Clerk is DIRECTED to enter judgment accordingly, terminate any pending
deadlines and motions, and close the file. DONE and ORDERED in Fort Myers, Florida this 15th day of August 2017. Copies: All Parties of Record
2
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