Perez v. U.S. Leader Restaurants, Inc.

6:19-cv-01154 | M.D. Fla. | Aug 21, 2020

Case 6:19-cv-01154-RBD-EJK Document 44 Filed 08/21/20 Page 1 of 2 PageID 194

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION MIGUEL A. PEREZ; and OMAYRA MONTES,

Plaintiffs, v. Case No. 6:19-cv-1154-Orl-37EJK U.S. LEADER RESTAURANTS, INC.; and TONY CAPLEY,

Defendants. _____________________________________ ORDER Plaintiffs sued their former employers for failure to pay minimum wage and overtime in violation of 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" date_filed="1982-07-06" court="11th Cir." case_name="Lynn'S Food Stores v. United States">679 F.2d 1350, 1355 (11th Cir. 1982). (Doc. 40 (“ Motion ”); Doc. 40-1 (“ Agreement ”).) On referral, U.S. Magistrate Judge Embry J. Kidd recommends granting the Motion, finding the settlement sums in the Agreement are fair and reasonable. (Doc. 41 (“ R&R ”).)

The parties don’t object to the R&R. (Doc. 42, 43.) As such, the Court has examined 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 Macort v. Prem, Inc. , 208 F. App’x 781" date_filed="2006-11-30" court="11th Cir." case_name="Colleen Macort v. Prem, Inc.">208 F. App’x 781, 784 (11th Cir. 2006). Finding no such error, the R&R is due to be adopted in its entirety.

-1- Case 6:19-cv-01154-RBD-EJK Document 44 Filed 08/21/20 Page 2 of 2 PageID 195 Accordingly, it is ORDERED AND ADJUDGED : 1. U.S. Magistrate Judge Embry J. Kidd’s Report and Recommendation

(Doc. 41) is ADOPTED , CONFIRMED , and made a part of this Order. 2. The parties’ Joint Motion and Stipulation for Approval of Settlement and for Dismissal with Prejudice (Doc. 40) is GRANTED. 3. The Agreement (Doc. 40-1) is APPROVED . 4. This action is DISMISSED WITH PREJUDICE . 5. The Clerk is DIRECTED to close the file. DONE AND ORDERED in Chambers in Orlando, Florida, on August 21, 2020.

Copies to: Counsel of Record

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