Sims v. Waste Pro USA, Inc.

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

ORLANDO DIVISION

GEORGE SIMS,

Plaintiff, v. Case No. 6:20-cv-1757-RBD-DCI WASTE PRO USA, INC.; and WASTE

PRO OF GEORGIA, INC.,

Defendants.

Plaintiff sued Defendants for failure to pay overtime wages under the Fair Labor Standards Act (“FLSA”). (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. 14 (“Motion”); Doc. 14-1 (“Agreement”).) On referral, U.S. Magistrate Judge Daniel C. Irick recommends granting the Motion and approving the Agreement, finding it fair and reasonable. (Doc. 15 (“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 adopted in its entirety.

Itis ORDERED AND ADJUDGED:

1. U.S. Magistrate Judge Daniel C. Irick’s Report and Recommendation (Doc. 15) is ADOPTED, CONFIRMED, and made a part of this Order.

2. The parties’ Joint Motion for Approval of Settlement and Dismissal With Prejudice (Doc. 14) is GRANTED.

3. The parties’ Settlement Agreement and Release (Doc. 14-1) is APPROVED. 4. This case is DISMISSED WITH PREJUDICE.

5. The Clerk is DIRECTED to close the file.

DONE AND ORDERED in Chambers in Orlando, Florida, on February 10, 2021. f] a rs # - nell ROY B. DALTON JR:

United States District Judge Copies to:

Counsel of Record