Orozco v. Hibachi Grill, Inc.

United States District Court for the Southern District of Florida

Orozco v. Hibachi Grill, Inc.

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Case No. 21-cv-20349-COOKE/O’SULLIVAN

HENRY OROZCO,

Plaintiff,

vs.

HIBACHI GRILL, INC., a Florida profit corporation doing business as HIBACHI GRILL AND NOODLE BAR, et al.,

Defendants. ____________________________________/ ORDER OF DISMISSAL WITH PREJUDICE THIS MATTER comes before me upon Judge O’Sullivan’s Report and Recommendation (ECF No. 19), approving the parties’ Settlement Agreement and recommending this case be dismissed with prejudice. I have reviewed Judge O’Sullivan’s order and the record, in accordance with Lynn’s Food Stores, Inc. v. United States,

679 F.2d 1350

(11th Cir. 1982). The parties request that the Court dismiss the case with prejudice following the approval of the Settlement Agreement and that Judge O’Sullivan retain jurisdiction of the matter to enforce the terms of the Settlement Agreement. Given that the parties have moved this Court for a dismissal, and that the parties desire the Court to have continuing jurisdiction to enforce the terms of the Settlement Agreement, this Court shall retain jurisdiction of the matter to enforce the terms of the Settlement Agreement. See Anago Franchising, Inc. v. Shaz, LLC,

677 F.3d 1272

(11th Cir. 2012). Accordingly, it is ORDERED and ADJUDGED as follows: 1. The Court ADOPTS the Report and Recommendation (ECF No. 19). 2. This case is DISMISSED with prejudice. This Court shall retain jurisdiction to enforce the terms of the Settlement Agreement. 3. The Clerk of Court shall CLOSE this case. All pending motions, if any, are DENIED as moot. DONE and ORDERED in Chambers at Miami, Florida, this 20" day of April 2021. Moras 98 Corb MARCIA G. COOKE United States District Judge

Copies furnished to: John J. O'Sullivan, Chief U.S. Magistrate Judge Counsel of Record

Reference

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