Pond v. Red Lambda, Inc.

United States District Court for the Middle District of Florida

Pond v. Red Lambda, Inc.

Trial Court Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION

KYLE POND,

Plaintiff,

v. Case No. 6:19-cv-1975-Orl-37EJK

RED LAMBDA, INC.; and BAHRAM YUSEFZADEH,

Defendants. _____________________________________

ORDER Plaintiff sued his former employers for breach of contract and failure to pay minimum wage in violation of the Fair Labor Standards Act (“FLSA”). (See Doc. 1-1, pp. 5–10.) After the parties dismissed the breach of contract claim (see Docs. 20, 22), they 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. 27 (“Motion”); Doc. 27-1 (“Agreement”).) On referral, U.S. Magistrate Judge Embry J. Kidd recommends granting the Motion, finding the settlement sum is fair and reasonable. (Doc. 28 (“R&R”).) The parties did not object to the R&R, and the time for doing so has now passed. Absent objections, 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 Embry J. Kidd’s Report and Recommendation (Doc. 28) is ADOPTED, CONFIRMED, and made a part of this Order. 2. The parties’ Joint Motion to Approve the Settlement Agreement and Dismiss the FLSA Claim with Prejudice (Doc. 27) is GRANTED. 3. The Agreement (Doc. 27-1) is APPROVED. 4. Plaintiff's FLSA claim (Doc. 1-1, p. 9, 9 27-30) is DISMISSED WITH PREJUDICE. 5. The Clerk is DIRECTED to close the file. DONE AND ORDERED in Chambers in Orlando, Florida, on August 18, 2020.

f] Se im nell ROY B. DALTON JR: United States District Judge

Copies to: Counsel of Record Pro Se Party

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