O'Toole v. JPMorgan Chase & Co.

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

JACKSONVILLE DIVISION

DEBORAH O’TOOLE, on behalf of herself and those similarly situated,

Plaintiff, v. Case No. 3:20-cv-288-MMH-JBT JPMORGAN CHASE & CO.,

Defendant.

ORDER

THIS CAUSE is before the Court on the Report and Recommendation (Dkt. No. 25; Report) entered by the Honorable Joel B. Toomey, United States Magistrate Judge, on March 18, 2021. In the Report, Judge Toomey recommends that the Renewed Joint Motion for Settlement Approval and Dismissal of Plaintiff’s Claims with Prejudice (Dkt. No. 22; Motion) be granted, that the Settlement Agreement and General Release be approved, and that the case be dismissed with prejudice. See Report at 2, 8. The parties have no objections to the Report and Recommendation. See Joint Notice of Non- Opposition (Dkt. No. 26).

The Court “may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge.” 28 U.S.C. § 636(b). If no specific objections to findings of facts are filed, the district court is not required to conduct a de novo review of those findings. See Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993); see also 28 U.S.C. § 636(b)(1). However, the district court must review legal conclusions de novo. See Cooper-Houston v. Southern Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994); United States v. Rice, No. 2:07-mc-8-FtM-29SPC, 2007 WL 1428615, at * 1 (M.D. Fla. May 14, 2007).

The Court has conducted an independent examination of the record in this case and a de novo review of the legal conclusions. Plaintiff filed suit against Defendant for unpaid overtime wages pursuant to the Fair Labor Standards Act, 29 U.S.C. § 201 et seq. (FLSA). See Complaint (Dkt. No. 1).

Thereafter, the parties engaged in settlement negotiations, which resulted in a resolution of the issues and claims raised in this case. See generally Motion. Upon review of the record, including the Report, Motion, and Settlement Agreement and General Release, the undersigned concludes that the settlement represents a “reasonable and fair” resolution of Plaintiff’s claims. Accordingly, the Court will accept and adopt the Report.

In light of the foregoing, it is hereby

ORDERED:

1. The Report and Recommendation (Dkt. No. 25) is ADOPTED as the opinion of the Court.

2. The Renewed Joint Motion for Settlement Approval and Dismissal of Plaintiffs Claims with Prejudice (Dkt. No. 22) is GRANTED.

3. For purposes of satisfying the FLSA, the settlement is APPROVED.

4, This case is DISMISSED WITH PREJUDICE.

5. The Clerk of the Court is directed to terminate any pending motions or deadlines as moot and close this file.

DONE AND ORDERED in Jacksonville, Florida this 23rd day of March, 2021.

United States District Judge ja

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