Dave v. Bumby One LLC

United States District Court for the Middle District of Florida

Dave v. Bumby One LLC

Trial Court Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION

NEELKANTH DAVE,

Plaintiff,

v. Case No. 6:20-cv-1652-Orl-37DCI

BUMBY ONE LLC; and BRIJESH PATEL,

Defendants. _____________________________________

ORDER Plaintiff sued Defendants for failure to pay overtime and minimum wage 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,

679 F.2d 1350, 1355

(11th Cir. 1982). (Doc. 19 (“Motion”); Doc. 19-1 (“Agreement”).) On referral, United States Magistrate Judge Daniel C. Irick recommends granting the Motion and approving the Agreement, finding it fair and reasonable. (Doc. 20 (“R&R”).) The parties do not object to the R&R. (Doc. 21.) So 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 none, the R&R is due to be adopted in its entirety. Accordingly, it is ORDERED AND ADJUDGED: 1. U.S. Magistrate Judge Daniel C. Irick’s Report and Recommendation (Doc. 20) is ADOPTED, CONFIRMED, and made a part of this Order. 2. The parties’ Amended Joint Motion to Approve FLSA Settlement (Doc. 19) is GRANTED. 3. The parties’ Amended Settlement Agreement and Release of FLSA Claims (Doc. 19-1) 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 February 2, 2021.

f] Se / rs # - nell ROY B. DALTON JR: United States District Judge

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Copies to: Counsel of Record

Reference

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