Gonzalez v. Waste Pro USA, Inc.

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

ORLANDO DIVISION

ALEXANDER GONZALEZ,

Plaintiff, v. Case No. 6:20-cv-1783-RBD-DCI WASTE PRO USA, INC.; and WASTE

PRO OF FLORIDA, INC.,

Defendants. _____________________________________

ORDER

Plaintiff sued his former employers for failure to pay overtime wages 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. 16 (“Motion”); Doc. 16-1 (“Agreement”).) On referral, United States Magistrate Judge Daniel C. Irick recommends granting the Motion and approving the Agreement, finding it fair and reasonable. (Doc. 17 (“R&R”).)

The parties did not object to the R&R and the time for doing so has now passed. 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. 17) is ADOPTED, CONFIRMED, and made a part of this Order.

2. The parties’ Amended Joint Motion for Approval of Settlement (Doc. 16) is GRANTED.

3. The parties’ Settlement Agreement and Release (Doc. 16-1) 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 10, 2021. ei, Yj, a B. DALTON JR’ United States District Judge Copies to:

Counsel of Record