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

United States District Court for the Middle District of Florida

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

Trial Court Opinion

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, 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, 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. 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.

f] Se hs ff - nell ROY B. DALTON JR: United States District Judge

Copies to: Counsel of Record

-2-

Reference

Status
Unknown