Rodriguez v. Tortilleria El Progreso Inc.

United States District Court for the Middle District of Florida

Rodriguez v. Tortilleria El Progreso Inc.

Trial Court Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION

NOE RODRIGUEZ,

Plaintiff,

v. Case No. 6:20-cv-886-Orl-37GJK

TORTILLERIA EL PROGRESO INC.; and MARIA A. ACEVEDO-LUNA,

Defendants. _____________________________________

ORDER Plaintiff sued her former employers for failure to pay 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, 1355

(11th Cir. 1982). (Doc. 22 (“Motion”); Doc. 22-1 (“Agreement”).) On referral, U.S. Magistrate Judge Gregory J. Kelly recommends granting the Motion, finding the Agreement is fair and reasonable. (Doc. 23 (“R&R”).) The parties don’t object to the R&R. (Doc. 24.) 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, 784

(11th Cir. 2006). Finding no such error, the R&R is due to be adopted in its entirety. Accordingly, it is ORDERED AND ADJUDGED: 1. U.S. Magistrate Judge Gregory J. Kelly’s Report and Recommendation (Doc. 23) is ADOPTED, CONFIRMED, and made part of this Order. 2. The parties’ Amended Joint Motion for Approval of Settlement and Motion to Dismiss the Case with Prejudice (Doc. 22) is GRANTED. 3. The Agreement (Doc. 22-1) 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 4, 2020. Yj, ROY B. DALTON JR’ United States District Judge

Copies to: Counsel of Record

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Reference

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