UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION

JONATHAN J. GODWIN,

Plaintiff,

v. Case No. 6:19-cv-1643-Orl-37EJK

IMCMV DAYTONA LLC,

Defendant.

Plaintiff sued his former employer for failure to pay overtime wages and failure to fully credit hours worked under 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,

(11th Cir. 1982). (Doc. 41 (“Motion”); Doc. 41-1 (“Agreement”).) On referral, U.S. Magistrate Judge Embry J. Kidd recommends granting the Motion in part, severing a portion of the release provision, but otherwise approving the Agreement, finding it fair and reasonable. (Doc. 42 (“R&R”).) The parties do not object to the R&R (Doc. 43), so the Court has examined it only for clear error. See Wiand v. Wells Fargo Bank, N.A., No. 8:12-cv-557-T-27EAJ,

, at *1 (M.D. Fla. Jan. 28, 2016); see also Macort v. Prem, Inc.,

(11th Cir. 2006). Finding none, the R&R is adopted in its entirety. It is ORDERED AND ADJUDGED: 1. U.S. Magistrate Judge Embry J. Kidd’s Report and Recommendation -1- (Doc. 42) is ADOPTED, CONFIRMED, and made a part of this Order. 2. The parties’ Joint Motion for Settlement Approval and Dismissal (Doc. 41) is GRANTED IN PART AND DENIED IN PART:

a. The portion of the Release Provision that reads “Florida Minimum Wage Act, or any federal, state, or common law” (Doc. 41-1, 4 3) is SEVERED (see also Doc. 42, pp. 6-8); b. In all other respects, the Motion is GRANTED. 3. As modified above, the parties’ FLSA Settlement Agreement (Doc. 41-1) is APPROVED. 4. This case is DISMISSED WITH PREJUDICE. 5. The Clerk is DIRECTED to terminate all pending motions and close the file. DONE AND ORDERED in Chambers in Orlando, Florida, on January 26, 2021.

a / el ROY B. DALTON JR: United States District Judge

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Copies to: Counsel of Record

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