Chirino v. Brevard Cooling and Heating, Inc.

United States District Court for the Middle District of Florida

Chirino v. Brevard Cooling and Heating, Inc.

Trial Court Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION

JOSHUA CHIRINO,

Plaintiff,

v. Case No. 6:20-cv-1449-RBD-DCI

BREVARD COOLING AND HEATING, INC.; BEN CONSTANTINO; and JOHN ARRIGO,

Defendants.

Plaintiff sued Defendants for failure to pay overtime wages under the Fair Labor Standards Act (“FLSA”) and for breach of contract related to unpaid wages. (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. 20 (“Motion”); Doc. 20-1 (“Agreement”).) On referral, U.S. Magistrate Judge Daniel C. Irick recommends granting the Motion and approving the Agreement, finding it fair and reasonable. (Doc. 21 (“R&R”).) The parties do not object to the R&R (Doc. 22), 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,

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. It is ORDERED AND ADJUDGED: 1. U.S. Magistrate Judge Daniel C. Irick’s Report and Recommendation -1- (Doc. 21) is ADOPTED, CONFIRMED, and made a part of this Order. 2. The parties’ Joint Motion to Approve Settlement Agreement and Dismiss the Case With Prejudice (Doc. 20) is GRANTED. 3. The parties’ FLSA Settlement Agreement and Release (Doc. 20-1) 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 8, 2021.

/] ®) Loto □ “ROY B. DALTON JR: United States District Judge

Copies to: Counsel of Record

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Reference

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